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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. 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.

    • Parent of 8-year-old

     

  2. Voices from community partners

    The Learning Disabilities Associations (LDAs) across Canada started from the Toronto office in 1963 and today is overseen coast-to-coast by the LDA of Canada. The LDAC led the efforts involving the Geoffrey Moore case where the Supreme Court of Canada examined the rights to education and considered the “ramp” required for those with Learning Disabilities to have the access they deserve. Learning Disabilities Association of Ontario (LDAO) is committed to students with Learning Disabilities being given the best possible opportunities to succeed in Ontario schools and therefore looks forward t

  3. OHRC initiatives related to disability and education 1999 – 2019

    2019

    Letter to Minister of Education re: Policy/Program Memorandum (PPM) – school board policies on service animals

    Letter

    The OHRC responded to the Ministry of Education’s consultation on its draft PPM for school board policies on service animals in schools. The OHRC recommended revisions such as recognizing that the duty to accommodate disability also includes individual needs not related to learning needs.

  4. Right to Read : Ontario Human Rights Commission Inquiry into human rights issues that affect students with reading disabilities in Ontario’s public education system : Terms of reference

    Reading is a fundamental skill that students must have to navigate their school experience and their later lives. Our public schools should be able to teach students
    to read. Yet, this may not be the reality for students with reading disabilities.

  5. 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.

  6. 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...

  7. 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.

  8. Hockey Canada’s Ontario branches take important step towards transgender inclusion

    September 7, 2016

    Toronto — Hockey Canada, through its Ontario branches, ushers in a new era of transgender inclusion in time for the 2016-2017 hockey season by posting transgender inclusive policies. This step is part of a settlement agreement between Hockey Canada, on behalf of its Ontario members, the Ontario Human Rights Commission (OHRC) and Jesse Thompson, a trans teenaged boy who played amateur hockey and courageously decided to take on the system.

  9. 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.

  10. Re: Sexualized and gender-specific dress codes in restaurants

    July 8, 2016 - In pursuit of our public interest mandate, section 31 of the Code authorizes the OHRC to request production of documents and gather other information as part of an inquiry. Pursuant to section 31, we are writing to request that you review employee dress codes in your Ontario operations, remove any discriminatory requirements, and provide documentation showing that you have done this.

  11. New documentation guidelines for accommodating students with mental health disabilities

    January 6, 2016

    Toronto - Navi Dhanota, represented by ARCH Disability Law Centre; York University and the Ontario Human Rights Commission (OHRC) have worked together to develop new documentation guidelines to access academic accommodations. The change in guidelines means that students will no longer have to disclose their Diagnostic and Statistical Manual (DSM) diagnosis to register for mental health accommodations and supports.

  12. OHRC seeks leave to intervene in racial profiling case

    June 2, 2015

    Toronto - The Ontario Human Rights Commission is seeking leave to intervene as a friend of the Court in the “Neptune 4” case, being heard by the Toronto Police Service Disciplinary Tribunal. The action is part of a longstanding effort by the OHRC to tackle racial profiling – an issue at the heart of the Commission’s mandate to promote and advance respect for human rights in Ontario. 

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