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.
Goods, services and facilities
You have the right to be free from discrimination when you receive goods or services, or use facilities. For example, this right applies to:
- stores, restaurants and bars
- hospitals and health services
- schools, universities and colleges
- public places, amenities and utilities such as recreation centres, public washrooms, malls and parks
- services and programs provided by municipal and provincial governments, including social assistance and benefits, and public transit
- services provided by insurance companies
- classified advertisement space in a newspaper.
Relevant policies and guides:
Watch people sharing their experiences and approaches to human rights in areas like housing, employment, education and policing.
March 1 2013 - The OHRC recognizes that accessibility requirements have been enhanced with each new edition of the Building Code regulation and welcomes the latest proposal for new barrier-free design requirements. The OHRC also has a number of concerns about the proposed changes as well as additional recommendations for barrier-free requirements in the Building Code regulation.
October 1, 2012 - Ontario Human Rights Commission Submission Regarding Ministry of Community and Social Services Proposed regulation amending Ontario Regulation 191/11 (Integrated Accessibility Standards) under the Accessibility for Ontarians with Disabilities Act, 2005. The OHRC welcomes the introduction of new accessibility standards for outdoor space including the requirement for organizations to consult with persons with disabilities. The OHRC, however, has a number of concerns and recommendations...
Discriminatory opposition to affordable housing for groups protected under the Code (“Not-in-my-backyard” syndrome or “NIMBYism”) makes it much harder to develop affordable social and supportive housing for people with mental health issues or addictions.
Under the Code, service providers have a duty to provide services that are free from discrimination and harassment. “Services” is a very broad category and includes services designed for everyone (shops, restaurants or education), as well as those that apply specifically to people with mental health disabilities and addictions (the mental health system or addiction treatment centres).
August 22, 2012 - We understand that the city passed by law number Z-1-122090 regulating methadone clinics in March 2012. As noted in our letter of February 24, 2012, the Ontario Human Rights Commission (“the OHRC”) has concerns that this type of regulation may discriminate against people with addictions - who are protected by the Ontario Human Rights Code (“the Code”).
July 25, 2012 - We are pleased to note that a key objective of the consultation is to develop revised criteria that are in accordance with the Human Rights Tribunal of Ontario’s decision dated April 11, 2012 in XY v. Ontario (Government and Consumer Services). We trust that this submission is of assistance in your development of revised criteria. We address the questions set out in your Consultation Document, and make additional observations.
Since 2005, the OHRC has been working with the Ministry of Education to build on the positive structural and policy changes reached in the “safe schools” settlement, which changed the way Ontario schools managed discipline. This is reducing the disproportionate effect that certain policies and practices have on racialized students and students with disabilities, among others. We are very pleased to advise that all of the terms of the settlement have now been implemented.
New guide shares our experience
As part of our ongoing work with police across the province, we released a new guide. Human rights and policing: creating and sustaining organizational change aims to encourage and support police services across Ontario in building human rights into all their work.