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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.

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.

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.