November 5th 2024,
Richard Marceau, General Counsel
Michelle Stock, Vice President (Ontario)
CIJA
Dear Mr. Marceau and Ms. Stock,
Thank you for your letter, dated September 12th, 2024, concerning the Open Letters addressed to the Ontario Human Rights Commission about anti-Palestinian racism.
The OHRC has determined that existing grounds in the Ontario Human Rights Code provide the necessary protection to deal with any potential form of discrimination based on or concerning race, ancestry, place of origin, colour, ethnic origin, citizenship, or creed, such as anti-Palestinian racism. Discriminatory treatment based on xenophobia, that is, dislike of or prejudice against people because they are from other countries, is also contrary to the Code.
The Code prohibits discrimination in five social areas: housing, accommodation, employment, goods, services, and facilities; contracts and membership in vocational associations; and trade union. Therefore, discrimination in the provision of services for any of those social areas because of an individual’s Palestinian identity is contrary to the Code.
Organizations have a legal obligation under the Code to ensure their environments are free from discrimination and harassment regarding any Code ground. And they must respond to and investigate claims of discrimination based on any Code ground, and remedy situations when discrimination is found. They should have a human rights complaint procedure in place and could also recognize discrimination in a corporate human rights policy.
Training and public awareness for staff and service recipients, such as students, may also be necessary to help prevent and address misinformation, prejudice and other barriers that contribute to discrimination, especially when discrimination is, or ought to be, a known problem within the organization or sector.
Hate activities targeted at a particular group, including Palestinians, may be a violation of the Criminal Code of Canada.
Thank you again for reaching out to the Ontario Human Rights Commission. I hope the foregoing information is helpful.
Sincerely,
Patricia DeGuire
Chief Commissioner
Ontario Human Rights Commission