Backgrounders and research
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.
As people better understand their rights and wish to exercise them, some of those rights may come into conflict with the rights of others. Depending on the circumstances, for example, the right to be free from discrimination based on creed or sexual orientation or gender may be at odds with each other or with other rights, laws and practices. Can a religious employer require an employee to sign a “morality pledge” not to engage in certain sexual activity? Can an accuser testify at the criminal trial of her accused wearing a niqab?
Most landlords and housing providers try to comply with the Ontario Human Rights Code and work hard to meet the needs of their tenants. However, for some tenants, discrimination in housing is not an unusual occurrence. The lack of affordable and adequate housing, when combined with overt and subtle discrimination in housing, means that many people protected by the Code are excluded from the housing market, forced to pay higher rents than they can actually afford, or relegated to poor quality housing options.
Canada has recognized that adequate housing is a fundamental human right in international instruments such as the International Covenant on Economic Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights. Canada has also agreed to take appropriate steps towards realizing the right to adequate housing.
In May 2007, the Commission initiated a public consultation with the launch of background and consultation papers both entitled Human Rights and Rental Housing in Ontario. Beginning in June 2007, the Commission held public and private meetings in four cities across the province to hear about the extent of the problems and to identify potential solutions. Around 130 organizations and an additional 24 individuals participated in afternoon consultation meetings in Kitchener-Waterloo, Ottawa, Sudbury and Toronto, and over 100 people participated in evening sessions in these locations.
NIMBY opposition to affordable housing development was a major human rights issue raised by consultees, including both tenant advocates and housing providers. People should not have to ask permission from anyone, including prospective neighbours, before moving in just because of stereotypes relating to grounds under the Ontario Human Rights Code (Code). Concerns about affordable housing projects should be legitimately anchored in planning issues rather than stereotypical assumptions about the people who will be housed.
At every step of the consultation, people shared their experiences, feelings and insights. These personal perspectives play a key role whenever human rights issues are considered. Each story offers one person’s glimpse of a larger issue affecting people across Ontario.
February 2008 - According to Health Canada, approximately 20% of Canadians will experience mental illness at some point in their lives. Unfortunately, there is still significant stigma and stereotype about mental illness, and a lack of understanding of rights relating to mental illness as a disability.
With the recent passage of the Accessibility for Ontarians with Disabilities Act (AODA), 2005, accessibility issues are now governed by complementary aspects of the Ontario Human Rights Code, the AODA, the Ontario Building Code and, in the case of existing buildings, the Ontario Fire Code.