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.
Competing Human Rights
Competing human rights under the Ontario Human Rights Code.
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.
Summary: HRTO Decision in Swain v. MBM Intellectual Property Law LLP
August 10, 2015 - Summary: HRTO Decision in Swain v. MBM Intellectual Property Law LLP
Removing the "Canadian experience" barrier
Removing the "Canadian experience" barrier in employment and rights and responsibilities under the Ontario Human Rights Code.
Human Rights and Rental Housing
Rights and responsibilities in rental housing under the Ontario Human Rights Code.
6. Ontario’s Human Rights Code
From: Policy on preventing discrimination because of gender identity and gender expression
6.1 Protections
Under the Ontario’s Human Rights Code, trans people and other gender non-conforming individuals are protected from discrimination and harassment because of gender identity and gender expression in five social areas:[23]
Your guide to special programs and the Human Rights Code
December 2013 - Under the Code, all organizations are prohibited from treating people unfairly because of Code grounds, must remove barriers that cause discrimination, and must stop it when it occurs. Organizations can also choose to develop “special programs” to help disadvantaged groups improve their situation. The Code and the Canadian Charter of Rights and Freedoms both recognize the importance of addressing historical disadvantage by protecting special programs to help marginalized groups. The Supreme Court of Canada has also recognized the need to protect “programs” established by legislation that are designed to address the conditions of a disadvantaged group.
Part II – Interpretation and application
From: Guide to your rights and responsibilities under the Human Rights Code
Definitions
Age
You have the right to be free from discrimination based on age if you are at least 18 years old.[19]
In services, goods, facilities, contracts and membership in unions, you can file a claim as long as you are at least 18, except for services related to liquor and tobacco for which the minimum age is 19.
Part I – Freedom from discrimination
From: Guide to your rights and responsibilities under the Human Rights Code
The Code protects people from discrimination in specific situations. Under the Code, you have the right to be free from discrimination in five parts of society – called social areas – based on one or more grounds.
The five social areas are: employment, housing, services, unions and vocational associations and contracts.