Competing human rights situations will inevitably arise in many different contexts, including workplaces, housing and schools. Employers, housing providers, educators and other responsible parties covered by the Code have the ultimate responsibility for maintaining an inclusive environment that is free from discrimination and harassment, and where everyone’s human rights are respected. Organizations and institutions operating in Ontario have a legal duty to take steps to prevent and respond to situations involving competing rights.
This policy is intended to provide clear, user-friendly guidance to organizations, policy makers, litigants, adjudicators and others on how to assess, handle and resolve competing rights claims. It sets out a process for addressing competing rights situations, based in existing case law, that organizations can use as is or adapt to meet their own specific needs. Taking prompt, proactive and effective steps to address competing rights matters will help organizations to resolve tension and conflict before it escalates, and can help to avoid costly and time-consuming litigation. Where litigation is unavoidable, taking these steps will help organizations to protect themselves from liability.