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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. 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.

  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. 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. 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.

  5. 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.

  6. Protection of personal information and privacy safeguards policy: Reading Disabilities Inquiry