November 5th 2024,
Dear Labour for Palestine: Ontario Education Workers:
Thank you for your email dated September 17th, 2024, to which you attached the Open Letter addressed to the Ontario Human Rights Commission about anti-Palestinian racism and related appendices.
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 related to race, ancestry, place of origin, colour, ethnic origin, citizenship, or creed, including 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 unions. 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.
Not all differential treatment can be addressed under the Code.
Under the Code, organizations are legally obligated to ensure their environments are free from discrimination, harassment, including a poisoned environment based on Code grounds. So, organizations must respond to and investigate claims of discrimination based on any Code ground and remedy situations when discrimination is found.
Furthermore, organizations 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 contributing to discrimination, especially when discrimination is, or ought to be, a known problem within the organization or sector.
School boards have additional specific obligations to protect students and other school community members under Ontario’s Education Act and provincial Code of Conduct for the education sector.
Hate activities targeted at a particular group, including Palestinians, may be a violation of the Criminal Code of Canada.
I hope this information is helpful.
Sincerely,
Patricia DeGuire
Chief Commissioner
Ontario Human Rights Commission