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Part 1 – Setting the context: understanding race, racism and racial discrimination

From: Policy and guidelines on racism and racial discrimination

1. Introduction

1.1. The Code context

The Code states that it is public policy in Ontario to recognize the inherent dignity and worth of every person and to provide for equal rights and opportunities without discrimination. The provisions of the Code are aimed at creating a climate of understanding and mutual respect for the dignity and worth of each person, so that each person feels a part of the community and feels able to contribute to the community.

VIII. Discrimination

From: The Ontario Safe Schools Act: School discipline and discrimination

Nearly all the interviewees identified discrimination – direct and systemic – as the main reason why the application of discipline in schools has a disproportionate impact on racial minority students and students with disabilities. Some interviewees also pointed out that there are multiple and intersecting grounds of discrimination, including race, disability, poverty and immigrant/refugee status.

A. General Perceptions

1. Black Students

Many Black students who are suspended or expelled believe that it is because of discrimination:

3. Prima facie discrimination because of disability

From: Policy and guidelines on disability and the duty to accommodate

Once a disability within the meaning of section 10 of the Code is established, the individual has the burden of showing a prima facie case of discrimination.

Discrimination under the Code can be direct (refusal to grant a job or provide access to services or housing, for example, because of a disability), indirect, constructive (adverse effect) or based on society’s failure to accommodate actual differences.

Sexual harassment in housing (fact sheet)

The Ontario Human Rights Code says everyone has the right to be free from sexual harassment by their landlord, someone working for their landlord, or someone who lives in the same building. Because landlords are in a position of authority, and have access to apartments and often hold personal information, tenants can feel very threatened when they are sexually harassed. This may be especially true for low-income, racialized, gay and lesbian people, people with disabilities and other people identified by the Code who are sometimes targeted for sexual harassment.

Discrimination and rental housing

Most landlords and housing providers try to comply with the Ontario Human Rights Code and work hard to meet the needs of their tenants. However, for some tenants, discrimination in housing is not an unusual occurrence. The lack of affordable and adequate housing, when combined with overt and subtle discrimination in housing, means that many people protected by the Code are excluded from the housing market, forced to pay higher rents than they can actually afford, or relegated to poor quality housing options.

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