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.
Where two human rights conflict, the Supreme Court of Canada has said no rights are absolute, no one right automatically “trumps” any other, and any human right can be limited if it interferes with the rights of others.
Girls and women often face sexism, marginalization, discrimination, harassment and exclusion throughout society. Women have fought hard over the years for equal rights and treatment.
People belonging to minority creed communities have faced religious intolerance, including serious persecution, harassment, racism and discrimination.
From: Competing Human Rights
Read the following news clipping about a recent competing rights case. This is an example of Charter rights (creed and sex) versus another Charter right (right to a fair trial).
You can also watch a short CTV News video about the case.
Published Thursday, Dec. 20, 2012
In a recent decision, the Ontario Human Rights Commission (the “Commission”) decided not to proceed with complaints filed against Maclean’s magazine related to an article “The future belongs to Islam”. The complainants alleged that the content of the magazine and Maclean’s refusal to provide space for a rebuttal violated their human rights.