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Creed accommodation involving cross-sex contact

July 29, 2015

Where two human rights conflict, the Supreme Court of Canada has said no rights are absolute, no one right automatically “trumps” any other, and any human right can be limited if it interferes with the rights of others.

Girls and women often face sexism, marginalization, discrimination, harassment and exclusion throughout society. Women have fought hard over the years for equal rights and treatment.

People belonging to minority creed communities have faced religious intolerance, including serious persecution, harassment, racism and discrimination.  

Human rights in Ontario

The Ontario Human Rights Code is a provincial law that gives everybody equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities, and contracts or agreements.

The Code’s goal is to prevent discrimination and harassment because of race, sex, disability, and age, to name a few of the 17 grounds. All other Ontario laws must agree with the Code.

Not all unfair treatment and not all harassment is covered by the Code. The treatment or harassment must be based on at least one Code ground and take place within a social area to be protected. For an explanation of discrimination and harassment, see What is discrimination?

If you believe you have experienced discrimination, the Human Rights Legal Support Centre can help you determine if what you experienced is protected under the Code. If you want to take legal steps to address an incident, the deadline is generally one year from the last discriminatory event.

The Ontario Human Rights System is made up of three separate agencies:

  1. The Ontario Human Rights Commission (that’s us) works to promote, protect and advance human rights through research, education, targeted legal action and policy development.
  2. The Human Rights Legal Support Centre gives legal help to people who have experienced discrimination under the Code.
  3. The Human Rights Tribunal is where human rights applications are filed and decided.

Human Rights 101 will help guide you through Ontario’s Human Rights System.