Language selector

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. 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.
  3. 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.

  4. 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.

  5. 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:

  6. 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.
  7. 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.
  8. "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.
  9. 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.

  10. 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.

  11. 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.

  12. 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.

Pages