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 decision on October 31, the Ontario Municipal Board (OMB) granted the Ontario Human Rights Commission (OHRC) party status in the Lynwood Charlton Centre’s appeal of a decision by the City of Hamilton. The OHRC requested party status because of its concerns about human rights issues when the City turned down Lynwood Charlton’s request to move its housing for eight teenage girls with mental health issues.
This report summarizes the Ontario Human Rights Commission’s (OHRC) observations and recommendations on the issues of homelessness and drug addiction in Kenora, Ontario. Under section 29 of the Ontario Human Rights Code, the OHRC can initiate reviews and inquiries and make recommendations related to incidents of tension or conflict in a community.
On August 26, 2019, Ontario’s Ministry of the Solicitor General (the Ministry) announced proposed amendments to Regulation 778 under the Ministry of Correctional Services Act. The Ontario Human Rights Commission (OHRC) welcomes the opportunity to provide this submission on the amendments related to segregation.
Today, the Ontario Human Rights Commission (OHRC) released its new Policy on eliminating racial profiling in law enforcement at the Ontario Association of Chiefs of Police (OACP) CEOs Day. This policy, the first of its kind in Canada, offers practical guidance to help law enforcement identify and end racial profiling. The OACP is committed to the principles outlined in the policy, and more than 20 community and advocacy groups have added their support or endorsement.
In an unprecedented joint submission the Ontario Human Rights Commission (OHRC) and OPSEU Corrections Management-Employee Relations Committee (MERC), which represents front line correctional staff, are calling on the Ontario government to dedicate funds in the 2020 Budget to address the crisis in Ontario’s correctional system.
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.
Education is a “service” under the Code
This section of the paper surveys the balancing tools found in the Code and relevant case law. Documents such as Commission briefing notes and Policy Papers provide invaluable commentary on these tools and their insights are woven into the following discussion. The goal of this section is to identify the resources for balancing conflicting rights that will be utilized in the scenarios discussed in Section IV.