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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 info@ohrc.on.ca

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

  1. 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.

  2. 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.
  3. 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.

  4. 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.

  5. 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.

  6. 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:

  7. OHRC submission on the More Homes Built Faster Act: Inclusionary zoning

    From: More Homes Built Faster Act – OHRC submissions

    The OHRC is supportive of the Ministry of Municipal Affairs and Housing’s (MMAH) efforts to standardize rules for inclusionary zoning, and strongly encourages MMAH to take a human rights-based approach to this work. The OHRC believes this is an opportunity to strengthen inclusionary zoning to increase access to permanent affordable housing, especially for vulnerable tenants who generally are protected by the Code. As a result, the OHRC recommends there would not be any change that weakens the rules that govern inclusionary zoning.

  8. The Ontario Human Rights Commission’s work with Peel Regional Police and Peel Police Services Board

    The Ontario Human Rights Commission (OHRC), the Peel Regional Police (PRP) and the Peel Police Services Board (PPSB) have signed a Memorandum of Understanding (MOU) committing to develop and implement legally binding remedies to identify and address systemic racism in policing, promote transparency and accountability, and enhance Black, other racialized and Indigenous communities’ trust in policing throughout Peel Region.

  9. Commission appeals advance human rights law

    June 13, 2006

    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.

  10. MacConnell v. Ontario (Community and Social Services) Special Diets case – judicial review allowed

    September 2014 - The Divisional Court has allowed an application for judicial review, heard on September 16, brought by the applicants and the Ontario Human Rights Commission (OHRC), of a decision of the Human Rights Tribunal of Ontario (HRTO) denying special diet benefits to Joanne MacConnell.

  11. Newspaper editorials are not restricted by Ontario's Human Rights Code

    October 28, 2010

    Toronto – The Human Rights Tribunal of Ontario has ruled that newspaper editorials are not covered by Ontario’s Human Rights Code. The Ontario Human Rights Commission (OHRC) intervened in this case, Whiteley v. Osprey Media Publishing Inc. and Sun Media Corporation before the Tribunal. The OHRC argued that section 13 of the Code does not restrict newspapers from printing opinions that some people may not like. The Tribunal agreed, saying “…publication of opinion in the media is a matter at the core of freedom of expression and freedom of the press in a democratic society”.

  12. OHRC seeks to intervene in Lynwood Charlton Centre OMB appeal

    October 4, 2012

    Toronto – The Ontario Human Rights Commission (OHRC) has made a formal request to the Ontario Municipal Board to intervene in the Lynwood Charlton Centre’s appeal of a decision by the City of Hamilton. This step is based on the OHRC’s concerns about human rights issues when the City denied Lynwood Charlton the zoning required to move housing for eight teenage girls with mental health issues.

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