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The concept of ‘intersectionality’ has been defined as “intersectional oppression [that] arises out of the combination of various oppressions which, together, produce something unique and distinct from any one form of discrimination standing alone....”

Prisoners' Justice Day: Significant barriers to progress remain 42 years later

August 10, 2016

On August 10, 1974, Edward Nolan died by suicide in a segregation cell at Millhaven Institution in Bath, Ontario. Each year on August 10, we commemorate Prisoners' Justice Day to remember Nolan and all of the prisoners who have died in custody, and to renew calls to respect the basic human rights of prisoners housed in jails, correctional centres, and penitentiaries across the country.

Example 5 - Code right v. common law right: Temporary sukkah hut on condo balcony

From: Competing Human Rights

Temporary sukkah hut on condo balcony

Photo of a balcony with a sukkah hut built on it.

Here is an example of a Code right (creed) versus a common law right (right to peaceful enjoyment of property).

In this example, a Jewish family is asked to remove a sukkah hut that they placed on their condominium balcony for religious celebration. The sukkah hut would normally stay up for nine days.

Example 4 - Code right v. Charter right: Employer distributing Bibles and religious advice

From: Competing Human Rights

Employer distributing Bibles and religious advice

Here is an example of a Code right (creed) versus a Charter right (freedom of religion and expression).

encourages them to attend church meetings, gives each a Bible as a gift for Christmas and asks them if they share his opinions on a variety of matters. Employees have made it clear that they do not welcome or appreciate his comments and conduct in their workplace and that they plan to file a claim under the Ontario Human Rights Code. This could be argued as a competing rights situation because:

Example 3 - Code right v. Code right: Muslim barber and woman denied service

From: Competing Human Rights

Muslim barber and woman denied service

Read the following excerpt from a news clipping about a competing rights case. This is an example involving two Code grounds – creed versus sex. When you’re finished reading, answer the questions at the bottom of the page.

You can also watch this CTV news video about the case.

Segregation and mental health in Ontario’s prisons: Jahn v. Ministry of Community Safety and Correctional Services

OHRC seeks Human Rights Tribunal Order against Ontario for failing to keep people with mental health disabilities out of segregation

On August 25, 2020, the OHRC filed a motion with the HRTO for an order to hold Ontario accountable for failing to meet its legal obligations under both its Jahn v MCSCS settlement and the 2018 OHRC v Ontario Consent Order to keep prisoners with mental health disabilities out of segregation.

Lack of progress in addressing racial profiling in policing: An Ontario Human Rights Commission statement

March 5, 2015

Racial profiling is a longstanding and deeply troubling concern of the African Canadian community, other affected racialized communities, and of the Ontario Human Rights Commission (the “OHRC”).  In the past few years, many racialized people have experienced carding as yet another form of racial profiling. 

The OHRC has frequently identified two key issues in the Toronto Police Service Procedure on Community Engagements that are critical to prevent racial profiling. To be consistent with the Human Rights Code and Charter of Rights and Freedoms, the Procedure:

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