Goods, services and facilities

1. Exceptions

   From: Policy on creed and the accommodation of religious observances

   Discrimination or unequal treatment may be legally defensible in certain circumstances.

   1. Participating in special interest organizations

   First, s. 18 of the Code provides that religious, philanthropic, educational, fraternal or social institutions that are primarily engaged in serving the interests of persons who are identified by their creed, may give priority to persons of the same creed with regard to participation or membership.

2. Health care, institutions & services

   From: Time for action: Advancing human rights for older Ontarians

   “Basic health care is a foundation in our society and differences are never justifiable. Seniors’ needs are real and they surely deserve easy access to basic health care in the same manner afforded to other groups in Ontario.”
   (Chatham-Kent CCAC)

3. Elder care

   From: Time for action: Advancing human rights for older Ontarians

   The Commission heard that elder care is a growing need, and largely provided in the community by family members. As well, the gendered nature of elder care and the disproportionate burden that women face in caring for aging relatives was noted. Consultees described the stress caused by caring for older persons and the need for efforts to address caregiver stress.

4. 7. Goods, services and facilities

   From: Policy on discrimination against older people because of age

   Section 1 of the Code prohibits age discrimination in "services, goods and facilities". This includes but is not limited to educational institutions, hospitals and other health services, community care access centres, long-term care facilities, insurance providers, public places like malls and parks, public transit services, stores and restaurants.

   Older persons have a right to the same level and quality of services as everyone else and service providers have a legal responsibility to ensure accessibility, subject to the undue hardship standard.

5. Services

   From: Human rights and the family in Ontario

   Section 1 of the Code prohibits discrimination based on family status in the social areas of services, goods and facilities. This is an extremely broad social area, covering everything from corner stores and shopping malls, to education, health services and public transit. The issues are therefore also extremely diverse. However, very little attention has been paid to these issues.

6. VII. Services

   From: The cost of caring: Report on the consultation on discrimination on the basis of family status

   1. Context

   A number of submissions received by the Commission identified barriers for families in the receipt of services. The Commission heard concerns about a broad range of services, including large public services like transportation, education and health, as well as small private services.

7. XI. Services

   From: Policy and guidelines on discrimination because of family status

   Section 1 of the Code prohibits discrimination on the basis of family status in services, goods and facilities. This includes, but is not limited to, educational institutions, hospitals, public transit services, social services, public places like malls and parks, and stores and restaurants.

8. Learning and teaching – working with the education sector

   From: Annual Report 2010-2011: Looking back, moving forward

   Every student in Ontario needs to have opportunities to learn and succeed. This does not happen when students are suspended because of mental illness beyond their control, or can’t take the courses they need because they use a wheelchair and the school does not have an elevator, or they are disciplined for not following the dress code because they wear a hijab in accordance with their creed, or they are bullied for being lesbian, gay or transgendered.

9. Sexual harassment in education (brochure)

   2011 - The Ontario Human Rights Code prohibits sexual harassment in education. “Education” includes primary, secondary and post-secondary education, and school activities such as sports, arts and cultural activities, school functions, field trips and tutoring. Sexual harassment may also occur as part of school rituals, such as when initiating new students, new players in team sports, or new members of sororities and fraternities. More and more, students are being sexually harassed online. Technology, such as e-mail, blogs, social networking sites, chat rooms, dating websites, text messaging features, etc., provides new frontiers for the sexual harassment.

10. Phipps v. Toronto Police Services Board

    The OHRC intervened at the Tribunal in a complaint by Ron Phipps – a case which raised some tough issues. The Tribunal ruled Phipps had been subjected to racial profiling in 2005 by a Toronto police officer. The officer stopped Phipps when he was delivering mail in an affluent Toronto neighbourhood, checked with a homeowner Phipps spoke to, trailed him and checked his identity with a White letter carrier.

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