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49-457: The Ontario Human Rights Code was the first law of its kind in Canada. It took effect on June 15, 1962, bringing together various laws dealing with different kinds of discrimination, and adding some new protections. The Ontario Human Rights Code of 1962 replaced the province's existing anti-discrimination legislation, including: The Ontario Human Rights Commission was created to administer

98-593: A prima facie case of discrimination has been made out by the employee): This test has been codified in a number of provisions of the Ontario Human Rights Code . However, it cannot be raised as a defence to harassment as there can be no legitimate excuse for harassment under human rights law. The Ontario Human Rights Code provides that "[e]very person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe

147-562: A human rights complaint, which his employer was obliged to investigate. The tribunal ordered that Herman Miller Canada pay $ 56,000 in compensation for lost wages (14 months pay) and $ 15,000 for injury to dignity and self-respect. Complaint Filed Against Maclean's Magazine (2008) A human rights complaint against Maclean's magazine was filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with

196-437: A movie theatre. Nassiah v Peel (Regional Municipality) Services Board (2007) Ms. Nassiah filed an application under the Ontario Human Rights Code alleging that she had been discriminated against in respect of services because of her race with regard to a police investigation into an allegation of shoplifting. The investigating officer was found to have discriminated against Ms. Nassiah when he asked if she spoke English on

245-580: A newspaper carrier, filed an application under the Ontario Human Rights Code alleging that she had been discriminated against in respect of services because of her race and sex contrary to the Code, with respect to an incident with police that resulted in her arrest. None of the charges upon which she had been arrested resulted in a conviction when she went before a Justice of the Peace . The tribunal noted that "as in many cases alleging racial discrimination, there

294-545: A particular group." In response, the editors of Maclean's denounced Commissioner Hall and her staff for what they called the "zealous condemnation of their journalism" and stated that in her press release "[Hall] cited no evidence, considered no counter-arguments, and appointed herself prosecutor, judge and jury in one fell swoop." Maclean's accused every human rights commission in the country for "morphing out of their conciliatory roles to become crusaders working to reshape journalistic discourse in Canada." Mark Steyn, who wrote

343-566: A qualified job applicant on prohibited grounds is clearly discriminatory with respect to employment. It is also clearly discriminatory with respect to employment to refuse to continue current employment (meaning to dismiss, demote, retire, deny any benefit or promotion, etc.) based on prohibited grounds. However, any differential treatment based on prohibited grounds may constitute discrimination, including dress codes and appearance requirements. A bona fide occupational requirement (BFOR) or bona fide occupational qualification (BFOQ) (abbreviated BFOR/Q)

392-401: A right of another person under this Act, without reprisal or threat of reprisal for so doing." It is discriminatory for any respondent (including an employer) to retaliate against an applicant for pursuing a human rights complaint. A retaliation complaint may be upheld, even if the original complaint is dismissed. Morgan v Herman Miller Canada Inc (2013) Mr. Morgan filed an application under

441-412: A right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance." This right is applicable to emancipated minors. A person also has the right under

490-484: Is a quality or attribute that employers are permitted to consider when making decisions about hiring or retaining employees. If it is necessary to raise BFOR/Q as a defence, the quality in question is one that would otherwise constitute unlawful discrimination in some respect. In order to succeed in a BFOR/Q defence, an employer must satisfy the Meiorin/Grismer test. This requires that they be able to prove (after

539-501: Is a significantly greater volume of final decisions decided on their merits; the tribunal's rulings on discrimination appear impartial; and public interest remedies are routinely awarded where discrimination is found. Criticisms of the tribunal include: An individual who has experienced discrimination may file a claim with the Human Rights Tribunal of Ontario. Applicants to HRTO may be eligible for legal assistance from

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588-578: Is administered by the Ontario Human Rights Commission and enforced by the Human Rights Tribunal of Ontario . The Human Rights Code was the first law of its kind in Canada. It replaced various laws that dealt with different kinds of discrimination. The code brought them together into one law and added some new protections. The code came into force on June 15, 1962. June 15 was chosen as the proclamation date for

637-451: Is aimed at providing quick and direct access for applicants and a fair dispute resolution process for all parties, including respondents. The tribunal is able to handle a large volume of complaints without accumulating a backlog, applications are processed quickly, there is high level of transparency to the tribunal's decision-making. Transparency is achieved through the public availability of procedural and substantive written decisions. There

686-561: Is combined with a racial and/or gender power dynamic. The tribunal cited a decision by the Supreme Court of Canada , which recognized that racial discrimination most often does not operate on a conscious basis, but rather emanates from unconscious attitudes and belief systems. In a historical context, some of these attitudes and belief systems include the fact that black persons (and other groups) are expected to "know their place" and that any black person who talks back or refuses to comply

735-400: Is more probable than the respondents’ explanation". The tribunal found that the applicant's race and/or gender played a role in the officer's failure to take steps to try and de-escalate the situation. They recognized that there is an inherent exercise of power and power imbalance in an interaction between a police officer and the public, and that this may be inappropriately exacerbated when it

784-488: Is no direct evidence that the complainant’s race or colour was a factor in the incident at issue. As a result, the issue of whether the respondents’ actions amount to racial discrimination in violation of the Code falls to be determined in accordance with the well-established principles applicable to circumstantial evidence cases. In the instant case, as in many circumstantial evidence cases, the determination comes down to whether an inference of racial and/or gender discrimination

833-425: Is not provided" and this directly led to the unnecessary arrest and overcharging of Ms. Abbott. The tribunal awarded Ms. Abbott $ 5,000 in damages as compensation for the injury to her dignity and self-respect and declined to award any damages for the injuries that she sustained during the arrest as they recognized her role in escalating the incident in that respect. Toronto police spokesperson Mark Pugash argued that

882-542: Is not the result of isolated acts of individual " bad apples " but part of a systemic bias in many police forces. What is also new is the increasing acceptance by the Courts in Canada that racial profiling by police occurs in Canada and the willingness to scrutinize seemingly "neutral" police behaviour to assess whether it falls within the phenomenon of racial profiling." The commission cited a significant amount of jurisprudence and academic studies, as well as expert evidence, on

931-474: Is nothing novel in finding that racial profiling is contrary to the Human Rights Code... It is and always has been contrary to the Code for the police to treat persons differently in any aspect of the police process, because of their race, even if race is only one factor in the differential treatment. What is new (in the last two decades) is the mounting evidence that this form of racial discrimination

980-419: Is to be regarded as "uppity" and needs to be dealt with harshly. Specifically, it was found that the officer was not reasonable in his interaction with Ms. Abbott and that his actions were consistent with a manifestation of racism whereby a "white person in a position of authority has an expectation of docility and compliance from a racialized person, and imposes harsh consequences if that docility and compliance

1029-476: The Canadian Human Rights Act . According to HRTO adjudicator, the Code only protects people with protected grounds from not being discriminated. The victim has the burden to prove the discrimination is due to his/her protected grounds. The HRTO stated it that it had no jurisdiction to ordinary people human rights abuse complaint. People disagree with HRTO think the principle and intention of

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1078-641: The Code to be free from harassment by the landlord, agent of the landlord, or an occupant of the same building on any of the above grounds. Discrimination is shown in cases where there is: The Ontario Human Rights Code provides that "[e]very person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability." An employer's refusal to employ

1127-504: The Code . In Gay Alliance Toward Equality v Vancouver Sun the court referred to services as "matters such as restaurants, bars, taverns, service stations, public transportation and public utilities". More specifically, in Ontario, determinations of something constituting a "service", "good", or "facility" include: membership on amateur sports teams, police searches of detainees, admission to a private post-secondary college, and admission to

1176-654: The Ontario Human Rights Code . Since June 30, 2008 all new complaints of discrimination are filed with the Human Rights Tribunal of Ontario. However, the OHRC has the right to be informed of all applications before the HRTO and receives copies of all applications and responses. In matters affecting broad public interest, the OHRC may take its own cases to the Tribunal or intervene in human rights cases before

1225-546: The Ontario Human Rights Commission (OHRC), which investigated claims of discrimination. Since June 30, 2008, claims of discrimination are filed directly with the HRTO, leaving the OHRC to concentrate its resources on systemic discrimination, public education and policy development. The code is divided into an introductory section, or "preamble", followed by seven parts. The code does not apply to federally regulated activities, such as banking, intra-provincial transportation, aeronautics and telecommunications, which are subject to

1274-517: The Human Rights Legal Support Centre. The parties can choose to first attempt to resolve the matter through mediation. If the mediation is unsuccessful or if the parties choose not to attempt mediation then a preliminary hearing may be ordered if, for example, there is a question as to whether HRTO has jurisdiction to decide the allegations. A summary hearing may be ordered if there appears to be no reasonable prospect that

1323-509: The Ontario Human Rights Code alleging that he had been discriminated against in respect of employment because of his race and for reprisal for making a human rights complaint. The applicant raised a complaint about human rights issues with a member of the management of his company. Specifically, he felt that he was being mistreated on the basis of his race, by being disproportionately required to perform menial tasks. These complaints were never investigated, never followed up on, and his employment

1372-422: The Ontario Human Rights Code alleging that he had been discriminated against in respect of services because of his race with regard to an incident with police in 2005. Mr. Phipps was employed by Canada Post and was delivering mail in an affluent neighbourhood. He was wearing his uniform jacket, carrying his mail satchel, and delivering regular mail and flyers. He was stopped by police and had his identity checked,

1421-490: The Ontario Human Rights Commission. Maclean's magazine was accused of publishing eighteen Islamophobic articles between January 2005 and July 2007. The articles in question included a column by Mark Steyn titled "The Future Belongs to Islam". In April 2008, the OHRC ruled that it did not have jurisdiction to hear the complaint based on the fact that the claim was alleging that the content of

1470-591: The Ontario Human Rights Tribunal, the ultimate standard of proof is the civil standard, which is on a balance of probabilities or "more likely than not". This in comparison to the standard of proof that applies in criminal cases, which is guilt beyond a reasonable doubt. The burden of proof rests on the party making the allegations. As in criminal cases, it is possible to found a finding on significant or wholly circumstantial evidence. In circumstantial cases, well-established principles apply in

1519-449: The Tribunal's decision eliminated any possible defence against a racial profiling allegation, stating that "this should scare anyone who could be on the receiving end of such an allegation because it doesn't seem as though you can defend yourself," pointing out the tribunal stated there was "no direct evidence that the complainant's race or colour was a factor in the incident." The Ontario Human Rights Code provides that "[e]very person has

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1568-422: The Tribunal. Services are prioritized, especially full representation, to clients who are particularly disadvantaged and who would have difficulty navigating the human rights system without assistance. Applicants with unmeritorious cases or who could otherwise afford legal representation are not represented. This administrative tribunal determines whether or not an applicant's rights have been violated. The tribunal

1617-515: The Tribunal. The OHRC also develops policies and provides targeted public education, monitors human rights, does research and analysis, and conducts human rights inquiries. The centre offers human rights legal services to individuals who file applications with the Tribunal. Services may include legal assistance in filing applications, providing advice, and legal representation at mediations and hearings. The centre does not provide legal services to respondents and only represents 12% of applicants before

1666-404: The adjudicator will work with them to attempt to resolve the dispute through mediation. If it is not successful, the hearing will proceed with the same adjudicator, who will not consider anything heard or said in the mediation. The adjudicator will hear the evidence of both parties before making a decision. Although the Ontario Human Rights Code says that HRTO's decisions are final and binding on

1715-426: The applicant was terminated for this reason and that the respondents had decided to terminate him rather than address his human rights complaint. Therefore, although Mr. Morgan did not have a claim for discrimination, as there was no evidence to support that the company was in fact treating him in a discriminatory manner, the tribunal found that he did have a claim for reprisal as he was terminated in response to making

1764-442: The application can succeed. Hearings before HRTO are legal proceedings. Within 21 days after receiving the notice of hearing, the parties must provide each other with disclosure, with any documents that are relevant to the application with the other party. No later than 45 days before the hearing date, parties must: Prior to the hearing, the adjudicator will give the parties the option of trying mediation/adjudication. If they agree,

1813-829: The article in Maclean's that the complaint was based on, also sharply criticized Hall and the OHRC, commenting that "Even though they (the OHRC) don't have the guts to hear the case, they might as well find us guilty." Ontario Human Rights Code The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race , colour , gender identity or expression , sex , sexual orientation , disability , creed , age and other grounds. The code

1862-399: The basis of her skin colour, used an offensive and profane term to refer to her and threatened to take her to jail, and engaged in a prolonged and heightened investigation whereby Ms. Nassiah was treated with a greater degree of hostility and investigation because she is black, which constituted racial profiling. The commission wrote: "Racial profiling is a form of racial discrimination. There

1911-576: The code because it was the 747th anniversary of the signing of the Magna Carta . The code replaced the province's existing anti-discrimination legislation, including: At the same time that the Ontario Human Rights Commission was created, the government of the day, led by Premier Leslie Frost introduced an amendment to the Fair Accommodation Practices Act to prohibit discrimination because of race, colour or creed in

1960-468: The context of human rights. In a subsequent interview with the National Post , Chief Commissioner Barbara Hall stated that "When the media writes, it should exercise great caution that it's not promoting stereotypes that will adversely impact on identifiable groups. I think one needs to be very careful when one speaks in generalities, that in fact one is speaking factually about all the people in

2009-461: The grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity and expression, age, marital status, family status, disability, the receipt of public assistance (housing only), record of offences (employment only), or by association with a person identified by any of those grounds. The most recent amendment to this list was on June 19, 2012, to add gender identity and gender expression to

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2058-676: The human rights context: Due to restructuring in 2008, all applications made after June 30, 2008 are filed with the Ontario Human Rights Tribunal; prior to that date, applications were filed with and heard by the Ontario Human Rights Commission. The Ontario Human Rights Code provides that "[e]very person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability." The terms "service", "good", and "facility" are not defined in

2107-598: The list of prohibited grounds. The Human Rights Tribunal of Ontario (HRTO) is the administrative, quasi-judicial tribunal tasked with hearing complaints that the code has been violated. It has the power to grant damages and specific performance to remedy discriminatory acts. The HRTO is subject to judicial review by the Divisional Court of the Ontario Superior Court of Justice . Before June 30, 2008, human rights complaints were filed with

2156-465: The magazine, not the magazine's refusal to provide space for a rebuttal, violated their rights, and the Ontario Human Rights Code does not give the Commission jurisdiction to deal with the content of magazine articles. However, the statement released by the commission did raise concerns about the article and the need for discussion and a comprehensive approach to the issue of freedom of expression in

2205-486: The parties, HRTO may agree to reconsider a final decision if: There is no right as a matter of law to appeal a HRTO decision. However, under limited circumstances, a dissatisfied party may make a request for judicial review to the Ontario Superior Court of Justice . Judicial review will only be granted if the court is satisfied that the decision is unreasonable. This does not mean that the court merely thinks that HRTO could or should have decided differently. In cases before

2254-470: The police then proceeded to trail him and check his identity with a homeowner and a white letter carrier. The police did not check the identity or find suspicious any of the other unfamiliar people in the area, all of whom were white. Applying Nassiah v Peel and other jurisprudence, the tribunal found that this was a clear case of discrimination, specifically racial profiling. Sharon Abbott v Toronto Police Services Board (2009) In June 2007, Sharon Abbott,

2303-405: The renting of apartments in buildings which contain more than six units. The Human Rights Commission led an extensive review of the Code in the mid-1970s, culminating in a report titled Life Together: A Report on Human Rights in Ontario. Some of the report's recommendations were adopted in the Ontario Human Rights Code, 1981 , which passed in December 1981. The code prohibits discrimination on

2352-498: The subject of racial profiling upon which it was concluded that racial profiling does in fact exist and does occur in Canada. And it was found that there was a pattern of evidence supporting a higher level of scrutiny and racial profiling in this case. In addition to the systemic remedies ordered to address issues in police training, Ms. Nassiah was awarded $ 20,000 for general damages and mental anguish. Phipps v Toronto Police Services Board (2009) Mr. Phipps filed an application under

2401-401: Was terminated a month after he made the complaint, allegedly for cause. The company claimed he was fired for spreading false information. However, at no point did anyone ever speak to the applicant to provide him with an opportunity to address the allegations or instruct him to stop, allegedly, spreading the misinformation. The tribunal found that there was absolutely no evidence to support that

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