II. Introducing the Ontario Human Rights Code
1. The context for interpreting the Code
a) Background and history
In 1962, many laws dealing with discrimination were brought together, along with additional protections, to create the Code. The Code has been amended at various times since then. The most recent amendments were passed in December 2006. The Ontario Code only provides protection against discrimination in Ontario. There are other pieces of human rights legislation in each of the other provinces and territories and federally.
Other approaches to multiple grounds
As discussed above, the intersectional approach is the preferred one for complaints and cases that cite multiple grounds. Nevertheless, there are other ways in which multiple grounds matters are being handled by human rights bodies, courts and international bodies such as the United Nations (the “UN”). In some instances, the grounds are looked at sequentially to see whether discrimination can be made out on the basis of each one in turn.
4. Human rights organizational change: key terms
Effective human rights organizational change requires a solid understanding of the legal and ethical requirements of human rights in Ontario, and the elements of effective organizational change.
Systemic and societal human rights issues in housing
Housing as a human right
Adequate housing is essential to one’s sense of dignity, safety, inclusion and ability to contribute to the fabric of our neighbourhoods and societies.[3] As the Commission heard in this consultation, without appropriate housing it is often not possible to get and keep employment, to recover from mental illness or other disabilities, to integrate into the community, to escape physical or emotional violence or to keep custody of children.
Part 1 – Setting the context: understanding race, racism and racial discrimination
1. Introduction
1.1. The Code context
The Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.
Poverty, housing and international human rights
Canada has recognized that adequate housing is a fundamental human right in international instruments such as the International Covenant on Economic Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights. Canada has also agreed to take appropriate steps towards realizing the right to adequate housing.
Social and Economic Condition
Vulnerable groups protected by human rights legislation are more likely to experience low social and economic status or condition.[218] Poverty is linked inextricably with inequality, particularly for women (especially lone mothers and elderly women), Aboriginal persons, racialized groups and persons with disabilities.
Housing as an International Human Right
The international community has long recognized that housing is a human right worthy of protection.
Human rights law and policy
International, federal and provincial human rights legislation prohibit discrimination against persons with mental health disabilities.[3] In Ontario, human rights protections for people with mental health disabilities and addictions are grounded in the Ontario Human Rights Code. People with mental health issues are covered under the ground of “disability” in the Code.