Employers have a duty to accommodate an employee’s creed to the point of undue hardship, including by providing time off for religious holidays.
Under the Ontario Human Rights Code, discrimination because of creed is against the law. Everyone should have access to the same opportunities and benefits, and be treated with equal dignity and respect, regardless of their creed.
The Code does not define creed, but the courts and tribunals have often referred to religious beliefs and practices. Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview and way of life. People who follow a creed, and people who do not, have the right to live in a society that respects pluralism and human rights and the right to follow different creeds.
Factum of the proposed intervenor Ontario Human Rights Commission
The central issue in this appeal is the apparent conflict between the intersecting religious and equality rights of a witness and the fair trial rights of the accused in the context of a criminal proceeding. The OHRC’s submissions set out a process, based in existing case law, to analyze and reconcile potentially competing rights. The proposed process can apply, with appropriate modifications, to any competing rights claims whether they arise under the Canadian Charter of Rights and Freedoms (the Charter), human rights legislation, the common law or otherwise.
What protection does the Ontario Human Rights Code offer?
The Ontario Human Rights Code (the Code) recognizes the dignity and worth of every person in Ontario. It provides for equal rights and opportunities, and freedom from discrimination. Indigenous peoples, including status, non-status, First Nations, Métis and Inuit peoples, are included in these protections.
The Code prohibits discrimination and harassment based on 17 personal attributes – called grounds. Creed is one of the protected grounds.
Before you receive an accommodation request
Minimize the need for accommodation up front by inclusively designing policies, rules, procedures, practices and spaces with everyone in mind (including people of diverse creed faiths).
Create an open, inclusive and safe environment free of discrimination and harassment so that people feel safe and welcome to express or observe their creed and ask for creed-related accommodations, without fear of reprisal or stigma. For example, you could:
The Ontario Human Rights Commission and the Ontario Ministry of Education have finalized a settlement of a human rights complaint initiated by the Commission against the Ministry and the Toronto District School Board (TDSB) in July 2005. A settlement was reached separately with the TDSB in November 2005.
2015 - The Ontario Human Rights Code is a provincial law that gives everybody the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds. The five social areas are: employment, housing, services and facilities (such as education, health care, police, government, shops or restaurants), unions and vocational associations, and contracts or agreements.
2012 - Racial harassment may be based on a combination of any of the above characteristics. It may also be because of things related to them, such as if you wear clothing related to your background, speak with an accent or practice a certain religion. It is against the law for anyone to harass you, insult you, or treat you unfairly for any of these reasons.
Factum of the intervener Ontario Human Rights Commission.
What is racial profiling?
Racial profiling is a specific type of racial discrimination that pertains to safety and security. The OHRC currently defines racial profiling as:
[A]ny action undertaken for reasons of safety, security or public protection that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin rather than on reasonable suspicion, to single out an individual for greater scrutiny or different treatment.