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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 legal@ohrc.on.ca

See our Litigation and Inquiry Strategy for more information about OHRC legal action.

  1. Settlement relating to Toronto Police Service Memorial Wall

    November 11, 2015 - the Ontario Human Rights Commission (OHRC) filed an Application with the Human Rights Tribunal of Ontario (HRTO) alleging discrimination in employment based on disability because of the Toronto Police Service’s (TPS) failure to include on its Memorial Wall officers who end their lives as a result of a mental health disability incurred in the line of duty. On April 18, 2017 a settlement was reached with the following terms...

  2. 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.

  3. 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.

  4. Human Rights settlement reached with Ministry of Education on Safe Schools - Terms of settlement

    WHEREAS on July 7, 2005, the OHRC initiated a complaint, number GKEA-6DUH6W, pursuant to subsection 32(2) of the Human Rights Code in the public interest and on behalf of racialized students and students with disabilities alleging that the application of the safe schools provisions of the Education Act and the Ministry’s and school boards’ policies on discipline are having a disproportionate impact on racial minority students and students with disabilities. NOW THEREFORE, the Parties agree to settle these matters as follows:

  5. 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.

  6. 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.

  7. 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.

  8. 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.
  9. "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.
  10. With learning in mind

    In 2016, the Ontario Human Rights Commission (OHRC) wrote to public colleges and universities in Ontario asking them to implement six specific measures to reduce systemic barriers to post-secondary education for students with mental health disabilities. This report describes the systemic barriers identified by the OHRC, the modifications to post-secondary institutions’ policies and procedures requested by the OHRC, and the institutions’ self-reported progress in implementing the requested changes.

  11. Voices from the community

    Voices from the community

    [The] public school refused to acknowledge or accept the dyslexia diagnosis until she was seven. … Without timely remediation, my daughter is barely able to read and write in English as she enters Grade 3. … In the meantime, her mental health is strained because she is keenly aware of her learning differences and extremely frustrated by the fact that she struggles to read and write. … Last year she asked Santa Claus for “the power to read” – she’s still wondering if she’ll ever get her wish.

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