Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity. Bullying is a form of harassment within the meaning of the Code.
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:
I am here today on behalf of the Ontario Human Rights Commission to indicate our general support for this proposed legislation.Let there be no doubt. Bullying is a critical human rights matter. Ontario’s Human Rights Code is Ontario’s highest law. All schools, including public, Catholic and private, have a legal duty to provide students with an educational environment free from harassment and other forms of discrimination because of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, age, marital status, family status or disability and sex including gender identity.
May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.
Factum of the interveners the Ontario Human Rights Commission, the Saskatchewan Human Rights Commission and the Alberta Human Rights Commission.
Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.
March 2012 - The OHRC will focus its comments on the issues and barriers identified in the CRSAO’s reports that connect to the OHRC’s current priority initiatives dealing with racism experienced by Aboriginal people and other groups as well as disability, especially mental health discrimination.
Education is a “service” under the Code
The Code protects people in the social area of goods, services and facilities. Services are broadly defined, but include health care (including mental health care), the criminal justice and the court system (for example police), government services (including social assistance), education, child welfare, insurance, shops and restaurants. Many issues may exist for people with mental health disabilities and addictions when they seek services.
Mount Sinai Hospital (MSH) is a large patient care, teaching and research hospital affiliated with the University of Toronto. Since 2007, Media Corp Inc. has named MSH one of Greater Toronto’s Top Employers. MSH seeks to be a national leader in all of its diversity and human rights programs, and to have a staff team that reflects the diverse patients they serve.
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.