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Legal

The OHRC uses targeted legal action, including Public Interest Inquiries, to advance an expansive interpretation of the Code, establish important precedents that adopt OHRC policies, promote broader public change, and pursue public interest remedies. Some of our most recent case work can be found below. Each Annual Report also reviews the past year’s legal work.

The OHRC's Litigation and inquiry strategy sets out when and how the OHRC decides to conduct an inquiry or take an application to the Human Rights Tribunal or when to intervene in a legal proceeding. 

To request a Commission initiated-application, inquiry or intervention, contact info@ohrc.on.ca

See our Litigation and Inquiry Strategy for more information about OHRC legal action.

  1. Appendix F: Table of cases

    From: Policy on competing human rights

    Adler v. Ontario, [1996] 3 S.C.R. 609

    Alberta v. Hutterian Brethren of Wilson Colony, 2009 SCC 37

    Assn. of Justices of the Peace of Ontario v. Ontario (Attorney General) (2008), 92 O.R. (3d) 16

    B. (R.) v. Children’s Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315

    Bothwell v. Ontario (Minister of Transportation), 2005 CanLII 1066 (ON S.C.D.C.)

    Bou Malhab v. Diffusion Métromédia CMR Inc., [2011] 1 S.C.R. 214

  2. Ontario Human Rights Commission Submission regarding Interim Reports of the Commission for the Review of Social Assistance in Ontario

    March 2012 - The OHRC will focus its comments on the issues and barriers identified in the CRSAO’s reports that connect to the OHRC’s current priority initiatives dealing with racism experienced by Aboriginal people and other groups as well as disability, especially mental health discrimination.

  3. Creed case law review

    May 2012 - What follows is a discussion of significant legal decisions dealing with religious and creed rights in Canada. The focus is on decisions made since the Commission issued its 1996 Policy on Creed and the Accommodation of religious observances. It does not review every decision, but those that may be important from a human rights perspective. In addition to a description of the case law, trends and areas where it is anticipated the case law will continue to evolve or be clarified are identified. The review will form the basis for further research and dialogue concerning the law in Canada as it relates to this significant area of human rights.

  4. Human rights obligations related to pregnancy and breastfeeding: Case law review

    October 2014 - This case law review looks at important developments in the law dealing with discrimination based on pregnancy and breastfeeding between 2008 and January 2014.[1] The discussion of the law in Ontario is intended as a resource, to be read along with the Ontario Human Rights Commission’s Policy on Preventing Discrimination because of Pregnancy and Breastfeeding (the Policy)[2], about the rights of women[3] who are pregnant, planning to become pregnant, who have had a baby or who are breastfeeding. However, it is not legal advice.

  5. New OHRC report says sexualized dress codes “not on the menu”

    March 8, 2017

    To coincide with International Women’s Day, the Ontario Human Rights Commission (OHRC) has released a new report that outlines commitments made by many of Ontario’s largest and most well-known restaurant chains to eliminate discriminatory dress codes for restaurant staff. Not on the Menu: Inquiry report on sexual and gender-based dress codes in Ontario’s restaurants outlines findings from an inquiry into dress codes at certain restaurants operating across Ontario.

  6. OHRC releases new video with update on the Right to Read inquiry

    October 26, 2020

    A new OHRC video provides a snapshot of the progress of Right to Read, the OHRC’s public inquiry into human rights issues affecting students with reading disabilities in Ontario’s public education system. The video also features the real-life experiences of students and parents, who attended public sessions across Ontario in the past year, and artwork submitted by students to the inquiry. A final report with findings and recommendations is planned for Spring 2021.

  7. OHRC Right to Read inquiry calls for critical changes to Ontario’s approach to early reading

    February 28, 2022

    TORONTO – Today the Ontario Human Rights Commission (OHRC) released its Right to Read inquiry report on human rights issues affecting students with reading disabilities, calling for critical changes to Ontario’s approach to early reading, in areas such as curriculum and instruction, screening, reading interventions, accommodations and professional assessments.

  8. OHRC launches public interest inquiry into racial profiling and racial discrimination by the Toronto Police Service

    November 30, 2017

    Toronto – Today, the Ontario Human Rights Commission (OHRC) announced that it has launched a public interest inquiry into racial profiling and racial discrimination by the Toronto Police Service (TPS). Using its legislated inquiry powers under section 31 of Ontario’s Human Rights Code, the OHRC has called for the TPS, the Toronto Police Services Board (TPSB) and the Special Investigations Unit to provide a wide range of data to determine exactly how and where racial profiling operates in law enforcement.

  9. In the courts: family status and sex discrimination case

    From: Annual Report 2011-2012 - Human rights: the next generation

    The OHRC intervened at the Federal Court in Seeley v. CN, a judicial review of a decision of the Canadian Human Rights Tribunal. The Tribunal had found that CN discriminated against Ms. Seeley by requiring her to relocate without considering her obligations as a parent. The Court has not yet released its decision.

  10. Consultation report: Human rights and public transit services in Ontario

    March 2002 - This Report is based on the many and varying viewpoints presented to the OHRC in the course of its public consultation on accessible public transportation in Ontario. Conventional and paratransit systems are examined in depth, in terms of the human rights principles that apply, the issues raised, and the impact on older persons, persons with disabilities, and families with young children. Three key issues raised throughout the consultation were funding, standards, and roles and responsibilities. These issues are examined in depth.
  11. Paying the price: The human cost of racial profiling

    October 2003 - The Report begins with a brief explanation and definition of racial profiling. In addition, the Report explains the human cost of racial profiling on the individuals, families and communities that experience it. It details the detrimental impact that profiling is having on societal institutions such as the education system, law enforcement agencies, service providers and so forth. It also outlines the business case against profiling – in essence the economic loss sustained as a result of racial profiling.
  12. Preliminary findings: Inquiry into assaults on Asian Canadian Anglers

    December 2007 - During the summer and fall of 2007, there were reports of a series of incidents across southern and central Ontario in which Asian Canadian anglers were physically or verbally assaulted. Racial slurs were associated with a number of these incidents. The Ontario Human Rights Commission (“the Commission”) was gravely concerned by these reports.

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