This document provides an overview of human rights law in Ontario. It discusses key topics such as: - Protected grounds from discrimination under the Ontario Human Rights Code including age, disability, marital status. - What constitutes a violation of the Code, including direct and indirect discrimination, harassment. - Exemptions to the Code including bona fide occupational requirements and special programs. - The duty to accommodate and what accommodation can include, such as workplace adjustments or alternative measures. - The investigation process for human rights complaints and how to ensure a fair process for all parties. - The responsibilities of administrators, schools, employees and unions to uphold human rights protections.

1. A Primeron Human Rights
Brenda Bowlby (Hicks Morley L.L.P.)
Martha Mackinnon (Justice for Children and Youth)
November 27, 2006

2. Human Rights Primer
Role of the OHRC
• Proposed revisions to the Co de

3. Human Rights Primer
Operation of the Code
• Protection is afforded on the basis of
“equal treatment w/o discrimination on
defined protected grounds in certain
activities:
• services/facilities (s. 1): students
• employment (s. 5(1))
• accommodation
• contracts
• vocational associations

4. Human Rights Primer
Protected Grounds
• Age*
• Race
• Creed
• Colour
• Ancestry
• Record of offences* (Employment only)
• Disability

5. Human Rights Primer
Protected Grounds
• Citizenship
• Ethnic origin
• Place of origin
• Marital status
• Same-sex partnership status
• Family status*
• Receipt of public assistance
(accommodation only)

6. Human Rights Primer
Protected Grounds
• “Age”
• employment: 18 to 65 years until 12/12/06
• all others (and employment post 12/12/06)
18 years of age or more.
• accommodation: 16-18 year olds
withdrawn from parental consent are
entitled to K for accommodation w/o
discrimination and K’s are enforceable

7. Human Rights Primer
Protected Grounds
• “Disability”: person has or is believed to
have:
• any degree of physical disability, infirmity,
malformation, disfigurement caused by bodily
injury, birth defect or illness
• mental impairment or developmental disability
• learning disability or communication disfunction
• mental disorder
• WSIB injury or disability

8. Human Rights Primer
Protected Grounds
• Not every illness or injury is a disability
• In considering whether a particular
biomedical condition is a “disability”, look
at the socio-political consequences of
that condition:
• flu?
• allergies?
• weight?
• stress?

9. Human Rights Primer
Protected Grounds
• Marital Status: Includes being
married, widowed, divorced, single,
separated and common law.
• Family status: limited to being in
parent/child relationship

10. Human Rights Primer
Protected Grounds
• Record of offences: conviction of a
criminal offence for which a pardon
has been granted or conviction of a
Provincial offence (eg. Hwy Traffic
Act; Liq uo r Lice nse Act)

11. Human Rights Primer
Violation of the Code
• Failure to provide equal treatment
without discrimination:
• direct discrimination
• indirect discrimination (systemic;
constructive)

12. Human Rights Primer
Failure to provide equal treatment
without discrimination
• Harassment: “engaging in a course of
vexatious comment or conduct that is
known or ought reasonably to be known
to be unwelcome”
• Comments, jokes, innuendos,
inappropriate physical contact, cartoons,
e-mails,
• bullying (where protected ground
involved)

13. Human Rights Primer
Violation of the Code
• Exemptions (Permitted Discrimination):
• BFOR (“reasonable & bona fide in the
circumstances) subject to accommodation (ss. 11
& 17).
• Special Program designed to relieve hardship or
assist disadvantaged group achieve equal
opportunity (s. 14)
• Restriction of facilities/recreational clubs by sex
(s. 20)
• Restriction of residential accommodation in a
building to same sex

14. Human Rights Primer
Violation of the Code
• Exemptions (Permitted Discrimination):
• Special Employment:
• religious, philanthropic, educational, fraternal or
social institution or organization primarily serving the
interests of persons identified by race, ancestry,
place of origin, colour, ethnic origin, creed, sex, age,
marital status, same-sex partnership status or
disability
• BFOR: age, sex, record of offences, marital status or
same sex partnership. Subject to accommodation
• personal medical needs of self, immediate family or
partner
• anti/pro nepotism policies

15. Human Rights Primer
Accommodation
• Steps taken by the party responsible for the
discrimination to remove or modify the
requirements, qualifications, factors which
cause the discrimination, or provide
adjustments, adaptations or ameliorization
which permit the claimant to meet the
requirements, qualifications, or factors.
• However, no accommodation required if it
would work an undue hardship on the party
doing the accommodating

16. Human Rights Primer
Accommodation can include:
• Adjustment of the work place
• Provision of adaptive equipment
• Waiver of requirement
• Alternative measures

17. Human Rights Primer
• “Without undue hardship” per
O ntario H. R. Co de :
• Considerations: cost, outside funding,
health and safety” (O nt. H. R. Co de )

18. Human Rights Primer
• Without Undue Hardship” per S.C.C.:
“…financial cost, disruption of the collective agreement,
problems of morale of other employees; interchangeability of
work force and facilities. The size of the employer’s operation
may influence the assessment of whether a given financial
cost is undue or the ease with which the work force and
facilities can be adapted to the circumstances. Where safety
is at issue both the magnitude of the risk and the identity of
those who bear it are relevant considerations. This list is not
intended to be exhaustive.” [Ce ntralAlbe rta Dairy Po o lv.
Albe rta (H. R. Co m m issio n)]

19. Human Rights Primer
Accommodation
• Obligation of the employer/school
board
• Obligation of the employee/student
• Obligation of the Union

20. Human Rights Primer
Duties imposed on Administrators
• In respect of students
• In respect of employees

21. Human Rights Primer
Investigation
• Fairness
• Make a plan; consider location of
interviews; make good notes
• Start with the complainant, followed by
the respondent and then witnesses. Go
back to the complainant and respondent
at the end with any new allegations to
provide a chance for response,
clarification.

22. Human Rights Primer
Investigation
• Pin down the facts: witness
statements or witness signature
verifying your notes
• Need for quick, thorough response
to complaints
• When in doubt seek legal advice

23. Human Rights Primer
Formal vs. Informal Resolution

24. Human Rights Primer
Where does the “buck” stop?
• Liability of School Board
• Liability of Administrators

25. A Primeron Human Rights
Brenda Bowlby (Hicks Morley L.L.P.)
Martha Mackinnon (Justice for Children and Youth)
November 27, 2006