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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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.
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5. Key legal principles [20]
From: Policy on competing human rights
While the courts have not set a clear formula or analytical approach for dealing with competing rights, they have provided some guidance. Where rights appear to be in conflict, Charter principles require decision-makers to try to “reconcile” both sets of rights.
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A Disparate Impact: Second interim report on the inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service
A Disparate Impact, the second interim report in the Ontario Human Rights Commission’s inquiry into racial profiling and racial discrimination of Black persons by the Toronto Police Service (TPS), confirms that Black people are more likely than others to be arrested, charged, over-charged, struck, shot or killed by Toronto police.
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Access to locker rooms for trans amateur hockey players: J.T. v. Hockey Canada et. al.
Background
This case involved a transgender boy, Jesse Thompson, who was denied access to the boys’ locker room the rest of his amateur hockey team used during the 2012-2013 hockey season. Jesse alleged that this resulted in him being ‘outed’ as trans, excluded from important team interaction and bonding, and exposed to harassment and bullying.
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Appendices
From: Consultation report: Human rights issues in insurance
List of Acronyms
Canadian Life and Health Insurance Association (CLHIA)
Canadian Loss Experience Rating System (CLEAR)
Canadian Standards Association (CSA)
Coalition for Fair and Just Treatment of Ontarians (CFJTO)
Financial Services Commission of Ontario (FSCO)
HIV-AIDS Legal Clinic of Ontario (HALCO)
Independent Financial Brokers of Canada (IFBC)
(Formerly the Independent Life Insurance Brokers of Canada and the Independent Financial Services Brokers of Canada)Insurance Bureau of Canada (IBC)
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Appendix A – Table of Cases
From: Policy on human rights and rental housing
A. v. Colloredo-Mansfeld (No. 3) (1994), 23 CHRR D/328 (Ont. Bd. Inq.)
Ahmed v. 177061 Canada Ltd. (2002), 43 CHRR D/379 (Ont. Bd. Inq.)
Alcoholism Foundation of Manitoba v. Winnipeg (City of), (Man. C.A.), (1990), 69 D.L.R. (4th) 697
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Appendix F: Table of cases
From: Policy on competing human rights
Adler v. Ontario, [1996] 3 S.C.R. 609
Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37
Assn. of Justices of the Peace of Ontario v. Ontario (Attorney General) (2008), 92 O.R. (3d) 16
B. (R.) v. Children’s Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315
Bothwell v. Ontario (Minister of Transportation), 2005 CanLII 1066 (ON S.C.D.C.)
Bou Malhab v. Diffusion Métromédia CMR Inc., [2011] 1 S.C.R. 214
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Background: Accessible transit and stop announcements
From: "Next Stop, Accessibility" Report on the public transit stop announcements in Ontario
The Ontario Human Rights Commission (the “Commission”) has long been concerned about the significant barriers that persons with disabilities face when attempting to access transportation services.
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Backgrounder - Tribunal finds Falun Gong a protected creed under Ontario's Human Rights Code
Western scholars of religion would characterize Falun Gong as a new religious movement. The essence of Falun Gong is spiritual elevation. Falun Gong practitioners believe in the existence of gods and divine beings in the cosmos. Its leader, Li Hongzhi, has written a form of ‘scripture.‘ His message is profoundly moral.
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Case summaries
From: Discussion paper: Human rights issues in insurance
(Extracts from CHRR)
Discriminatory auto insurance rates allowed for bona fide reasons
Zurich Insurance Co. v. Ontario (Human Rights Comm.)
The majority of the Supreme Court of Canada finds that Zurich Insurance did not discriminate against Michael Bates contrary to the Ontario Human Rights Code by charging him higher premiums for automobile insurance because of his age, sex, and marital status.
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Cole v Ontario (Health and Long-Term Care) : Challenging the funding limits to live in community settings
Background
The applicant, Ian Cole, is a middle-aged man with a severe intellectual disability who lives in the community. To live in the community, Mr. Cole depends on the receipt of nursing services. The primary source of funding for the nursing services is his local Community Care Access Centre (CCAC). The maximum funding for nursing services is set out in a regulation made under the Home Care and Community Services Act, 1994. At the time the application was filed, funding was available for nursing services to a maximum of four visits per day.
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Commission appeals advance human rights law
Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
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Commission appeals advance human rights law (fact sheet)
June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
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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 -
Commission intervenes in court case involving a Muslim woman's right to testify wearing her niqab (face covering)
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.
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Commission intervenes in religious rights and zoning appeal
The Commission intervened in Sarnia (City) v. River City Vineyard, an appeal heard by the Court of Appeal for Ontario in October 2014.
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Consultation report: Human rights and public transit services in Ontario
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. -
Creed case law review
May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.
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de Lottinville and the application of Section 45.1 of Ontario's Human Rights Code
February 25, 2015 - In the past, people who experienced discrimination or harassment by police had to decide whether to file an officer misconduct complaint under the Police Services Act (“PSA”) or an application with the Human Rights Tribunal of Ontario (“HRTO”). The PSA provides a public complaints process, revised through amendments in 2009 which also established the Office of the Independent Police Review Director (“OIPRD”). If they filed both, there was a real risk that their HRTO application would be dismissed.
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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.