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Family and marital status

The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.

Family status” is defined as “the status of being in a parent and child relationship.”  This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.

The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship. 

Relevant policy:

  1. OHRC policy statement on the COVID-19 pandemic

    March 13, 2020

    Following the lead of the United Nations High Commissioner for Human Rights, the Ontario Human Rights Commission (OHRC) urges Ontarians to keep human rights principles under Ontario’s Human Rights Code (Code), the Canadian Charter of Rights and Freedoms (Charter) and relevant international human rights treaties at the centre of decision-making during the coronavirus (COVID-19) pandemic.

  2. Letter to TCDSB on including gender identity, gender expression, family status and marital status in the TCDSB’s Code of Conduct

    September 17, 2019

    The OHRC is aware that the Toronto Catholic District School Board (TCDSB) is considering amending its Code of Conduct to specifically include gender identity, gender expression, family status and marital status as grounds upon which members of the TCDSB community cannot be treated unfairly. Our understanding is that this issue is being specifically considered by the Catholic Education and Living our Catholic Values Sub-committee on September 25, 2019.

  3. Celebrating International Women's Day – Ontario Human Rights Commission releases new Policy on preventing sexual and gender-based harassment

    March 8, 2011

    Toronto – A new policy on preventing sexual and gender-based harassment was launched today by the Ontario Human Rights Commission (OHRC) in partnership with the Ryerson Students’ Union, Ryerson University and the CAW-Sam Gindin Chair in Social Justice and Democracy, Ryerson University.

  4. Discussion paper: Human rights issues in insurance

    October 1999 - The objective of the Paper is twofold: to promote dialogue on protecting human rights in the insurance industry and to examine alternatives to current practices by obtaining input from experts, regulators and consumers. Access to insurance in our society raises significant issues about distributive justice and fairness in the public sphere, issues that have received scant attention in Canada and in Ontario where rate setting has traditionally been viewed as a private matter.
  5. Consultation report: Human rights issues in insurance

    October 2001 - In October 1999, the Ontario Human Rights Commission released a Discussion Paper for public consultation entitled Human Rights Issues in Insurance. This Consultation Report summarizes comments and viewpoints that were communicated to the Commission. The Report also examines possible directions to ensure human rights issues in insurance continue to receive attention in the future. A summary of relevant Code sections and selected case law is included in the appendices.
  6. OHRC Insurance consultation cover letter

    October 14, 1999 - Insurance practices routinely make distinctions based on, among other things, gender, age, marital status and disability. While many of these distinctions are based on valid business practices, others raise questions and concerns. These concerns relate to the existence of non-discriminatory alternatives to current practices and about respect for human rights.

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