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Sexual orientation

Sexual orientation” is a personal characteristic that forms part of who you are. It covers the range of human sexuality from lesbian and gay, to bisexual and heterosexual. Sexual orientation is different from gender identity, which is protected under the ground of “sex.” The Code makes it against the law to discriminate against someone or to harass them because of their sexual orientation. 

This right to be free from discrimination and harassment applies to employment, services and facilities, accommodation and housing, contracts and membership in unions, trade or professional associations. Homophobic conduct and comment are prohibited as part of the Code’s protection against discrimination based on sexual orientation, no matter what the target’s sexual orientation is, or is perceived to be.

Relevant policy:

  1. Human Rights system changes take effect

    June 30, 2008

    Toronto - The Human Rights Code Amendment Act, 2006, S.O. 2006, c. 30 is now in effect. As a result, the Ontario Human Rights Commission will no longer accept complaints of discrimination. All new applications alleging discrimination are to be filed with the Human Rights Tribunal of Ontario (HRTO). Complaints that were filed with the Commission before June 30, 2008 can be changed to applications to the HRTO if the Complainant takes an active step to do so.

  2. Letter to Facebook on enforcing safeguards to prevent discriminatory housing, employment and credit ad targeting in Canada

    December 7, 2020

    The Canadian Human Rights Commission (CHRC) and Ontario Human Rights Commission (OHRC) welcome the news that Facebook has now implemented and is enforcing several safeguards to prevent discriminatory targeting of advertisements for housing, employment and credit opportunities in Canada.

  3. Letter to Mayor and Council of Township of Brock on decisions and by-laws on supportive housing

    October 12, 2021

    The OHRC is concerned that the Township of Brock’s Interim Control By-law 2994-2020 to "prohibit the establishment of Supportive Housing and Modular Construction, including Manufactured Dwelling Houses" creates barriers to establishing and accessing supportive housing, which may be discriminatory under the Human Rights Code. The OHRC calls on Council to remove any barriers that have a discriminatory effect as soon as possible, and to allow such supportive housing projects to proceed.

  4. Letter to Ontario's Attorney General expressing concern about allowing public officials to refuse to marry same-sex couples

    December 20, 2004

    Toronto - I am writing to express concern over recent comments attributed to the Honourable Irwin Cotler urging provinces to allow public officials who are licensed to perform marriage ceremonies to refuse to perform this service for same-sex couples. As you know, the Ontario Human Rights Commission (the “Commission”) intervened in the Same Sex Marriage Reference before the Supreme Court of Canada to protect the right of gay and lesbian Canadians to get married. In this regard, the Commission agreed with the Attorney General of Canada’s position that requiring a religious official to perform a marriage ceremony that does not accord with his or her religious beliefs about marriage would violate section 2(a) of the Charter of Rights and Freedoms (the “Charter”).

  5. New e-learning package puts human rights training online

    December 10, 2010

    Toronto – Marking International Human Rights Day, the Ontario Human Rights Commission (OHRC) today launches Rental Housing e-learning at an event hosted by the York Centre for Human Rights. This second in a series of e-learning courses provides online learning and training for everyone who needs information on human rights issues that come up in rental housing.

  6. OHRC comment to the Ontario Ministry of Labour regarding Canada’s 2012 ILO Article 22 Report on Discrimination Convention 111

    This submission outlines recent developments for the reporting period June 1, 2011 through May 31, 2012 related to discrimination in employment and the Ontario Human Rights Commission’s (the OHRC) mandate. It includes OHRC activities, recent case law and comment regarding relevant ILO Committee observations and direct requests.

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