Example 4 - Code right v. Charter right: Employer distributing Bibles and religious advice
From: Competing Human Rights
Employer distributing Bibles and religious advice
Here is an example of a Code right (creed) versus a Charter right (freedom of religion and expression).
encourages them to attend church meetings, gives each a Bible as a gift for Christmas and asks them if they share his opinions on a variety of matters. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their workplace and that they plan to file a claim under the Ontario Human Rights Code. This could be argued as a competing rights situation because:
Example 3 - Code right v. Code right: Muslim barber and woman denied service
From: Competing Human Rights
Muslim barber and woman denied service
Read the following excerpt from a news clipping about a competing rights case. This is an example involving two Code grounds – creed versus sex. When you’re finished reading, answer the questions at the bottom of the page.
You can also watch this CTV news video about the case.
Example 2 - Code right v. Code right: Visual fire alarms and epilepsy
From: Competing Human Rights
Visual fire alarms and epilepsy
Jan, a building manager, is updating the fire alarm system in his building. He installs audible alarms. He plans to also install visual alarms, to accommodate a resident who is deaf. A strobe light would be set off when fire alarms are activated, which alerts people with hearing impairments.
Example 1 - Code right v. Code right: Competing rights at the office
From: Competing Human Rights
Competing rights at the office
This example involves two Code rights, both on the ground of disability.
Ontario Human Rights Commission v. Christian Horizons
The shadow of the law: Surveying the case law dealing with competing rights claims
This document explains the legal backdrop for the Commission’s Policy Framework. It is divided into two main sections. The first provides an overview and summary of key legal principles from some significant legal decisions. This section aims to help readers understand the relevant legal background when seeking to conciliate or otherwise reconcile competing rights claims. The second part of the document surveys the leading cases that deal with competing rights. It also provides examples of situations where the leading cases, and the key principles from them, have been applied by courts and tribunals. It is divided by the types of rights conflicts that most commonly arise. The cases are discussed in some detail as the specific factual context of each case is so important to the rights reconciliation process.
Case summaries
From: Discussion paper: Human rights issues in insurance
(Extracts from CHRR)
Discriminatory auto insurance rates allowed for bona fide reasons
Zurich Insurance Co. v. Ontario (Human Rights Comm.)
The majority of the Supreme Court of Canada finds that Zurich Insurance did not discriminate against Michael Bates contrary to the Ontario Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex, and marital status.
Commission appeals advance human rights law (fact sheet)
June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
Backgrounder - Tribunal finds Falun Gong a protected creed under Ontario's Human Rights Code
Western scholars of religion would characterize Falun Gong as a new religious movement. The essence of Falun Gong is spiritual elevation. Falun Gong practitioners believe in the existence of gods and divine beings in the cosmos. Its leader, Li Hongzhi, has written a form of ‘scripture.‘ His message is profoundly moral.
