Legal
The OHRC uses targeted legal action, including Public Interest Inquiries, to advance an expansive interpretation of the Code, establish important precedents that adopt OHRC policies, promote broader public change, and pursue public interest remedies. Some of our most recent case work can be found below. Each Annual Report also reviews the past year’s legal work.
The OHRC's Litigation and inquiry strategy sets out when and how the OHRC decides to conduct an inquiry or take an application to the Human Rights Tribunal or when to intervene in a legal proceeding.
To request a Commission initiated-application, inquiry or intervention, contact info@ohrc.on.ca.
See our Litigation and Inquiry Strategy for more information about OHRC legal action.
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March 2002 - This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. Conventional and paratransit systems are examined in depth, in terms of the human rights principles that apply, the issues raised, and the impact on older persons, persons with disabilities, and families with young children. Three key issues raised throughout the consultation were funding, standards, and roles and responsibilities. These issues are examined in depth.
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Paying the price: The human cost of racial profiling
October 2003 - The Report begins with a brief explanation and definition of racial profiling. In addition, the Report explains the human cost of racial profiling on the individuals, families and communities that experience it. It details the detrimental impact that profiling is having on societal institutions such as the education system, law enforcement agencies, service providers and so forth. It also outlines the business case against profiling – in essence the economic loss sustained as a result of racial profiling. -
Dining out accessibly: A review of audit results and commitments
April 2004 - In the spring of 2001, the Commission began its efforts to engage the restaurant industry to promote the accessibility of its services and facilities for persons with disabilities in Ontario. The audit focused on the physical premises and services of seven select restaurant chains totaling 28 locations across the province. -
Preliminary findings: Inquiry into assaults on Asian Canadian Anglers
December 2007 - During the summer and fall of 2007, there were reports of a series of incidents across southern and central Ontario in which Asian Canadian anglers were physically or verbally assaulted. Racial slurs were associated with a number of these incidents. The Ontario Human Rights Commission (“the Commission”) was gravely concerned by these reports. -
"Next Stop, Accessibility" Report on the public transit stop announcements in Ontario
April 2008 - In October 2007, in response to recent developments and ongoing concerns in the area of transit accessibility, the Commission began an inquiry into whether transit providers across the province announce transit stops. Through this initiative, the Commission hoped to improve awareness in the transit sector of the importance of announcing all stops for the purposes of inclusion and accessibility, and to secure commitments toward quickly developing and implementing stop announcement plans. -
Fishing without fear: Report on the inquiry into assaults on Asian Canadian anglers
May 2008 - During the Inquiry into Assaults on Asian Canadian Anglers, the Commission met with 21 organizations to identify solutions. These organizations included police services, municipalities, provincial government ministries, and community organizations. The Commission obtained over 50 commitments from these organizations and made an additional seven commitments. This report is an account of the results of the Inquiry.
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Fishing without fear: Follow-up report on the Inquiry into assaults on Asian Canadian anglers
April 2009 - The goal of this report is to identify the progress of the commitments made by 22 organizations across Ontario in response to the Ontario Human Rights Commission’s (“Commission”) Inquiry into Assaults on Asian Canadian Anglers. From these commitments, best practices can be drawn. The Commission has also been monitoring any further incidents, and a description of these is provided.
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Racial profiling inquiry: Whats next (fact sheet)
December 2003 - In order to bridge the divide between those who deny the existence of racial profiling on the one hand, and the communities who have long held that they are targets of racial profiling on the other, the Commission plans to
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Racial profiling inquiry: Major themes (fact sheet)
December 2003 - In reviewing the material received during its inquiry, the following eight themes emerged.
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Racial profiling inquiry: Objectives (fact sheet)
December 2003 - The Commission’s racial profiling inquiry initiative was undertaken in response to community concerns about the impact of profiling on members of their respective communities. The inquiry’s main objectives were to give individuals who had been subjected to profiling an opportunity to share those experiences and to show its effects on their families and communities. In doing so, the Commission hoped to raise public awareness of the harmful effects and the social costs of racial profiling.
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Racial profiling inquiry: Background and process
December 2003 - The Report wraps up the Commission’s inquiry initiative by relating what the Commission heard and providing an analysis of the effects of profiling on more than just the individuals and communities most likely to experience it. The Report also analyzes the detrimental impact that profiling is having on societal institutions such as the education system, law enforcement agencies, service providers, etc., and providers, etc., and provides recommendations for bringing an end to this practice.
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Racial profiling inquiry: Main report recommendations (fact sheet)
December 2003 - The Commission’s report on racial profiling puts forward a number of recommendations to address the issue of racial profiling.
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What is racial profiling? (fact sheet)
2003 - For the purposes of its inquiry, the Commission’s definition for "racial profiling" is any action undertaken for reasons of safety, security or public protection, that relies on stereotypes about race, colour, ethnicity, ancestry, religion, or place of origin, or a combination of these, rather than on a reasonable suspicion, to single out an individual for greater scrutiny or different treatment.
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Saskatchewan Human Rights Commission v. Whatcott
Factum of the intervener Ontario Human Rights Commission.
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Phipps v. Toronto Police Services Board
The OHRC intervened at the Tribunal in a complaint by Ron Phipps – a case which raised some tough issues. The Tribunal ruled Phipps had been subjected to racial profiling in 2005 by a Toronto police officer. The officer stopped Phipps when he was delivering mail in an affluent Toronto neighbourhood, checked with a homeowner Phipps spoke to, trailed him and checked his identity with a White letter carrier. -
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.
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Ontario Human Rights Commission v. Christian Horizons
On May 14, 2010, Ontario’s Divisional Court issued a decision on a case called Ontario Human Rights Commission v. Christian Horizons. The Divisional Court’s ruling was on the appeal of a 2008 decision made by the Human Rights Tribunal of Ontario. In that decision, the Tribunal found that Christian Horizons infringed the rights of an employee who was in a same sex relationship. -
TTC agrees to survey racial background of employees to monitor equity in hiring and promotion
April 2006 - The settlement sets out the following commitments:
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Commission asks to intervene in court case involving a Muslim woman's right to testify wearing her niqab (face covering)
Factum of the proposed intervenor Ontario Human Rights Commission -
Human Rights settlement reached with Ministry of Education on Safe Schools
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.