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4. Preventing, reviewing and removing barriers

From: A policy primer: Guide to developing human rights policies and procedures

The Supreme Court of Canada has made it clear that society must be designed to include all people, including members of a Code-protected group.[10] It is no longer acceptable to structure systems in a way that ignores needs or barriers related to Code grounds. Instead, systems should be designed so they do not create physical, attitudinal or systemic barriers.

Policy on competing human rights

April 2012 - The main goal of this policy is to provide clear, user-friendly guidance to organizations, policy makers, litigants, adjudicators and others on how to assess, handle and resolve competing rights claims. The policy will help various sectors, organizations and individuals deal with everyday situations of competing rights, and avoid the time and expense of bringing a legal challenge before a court or human rights decision-maker. It sets out a process, based in existing case law, to analyze and reconcile competing rights. This process is flexible and can apply to any competing rights claim under the Canadian Charter of Rights and Freedoms, provincial or federal human rights legislation or another legislative scheme.

Appendix D: Case examples for resolving competing rights

From: Policy on competing human rights

Scenario 1: The Prom

Recognizing rights

1. What are the claims about?

Matt’s Claim

Matt is a gay 17-year-old student attending a publicly funded Catholic high school. He wishes to go to the prom with a same-sex date. The prom is being held at a rental hall off school property. He is considering seeking a court injunction because the prom is only weeks away.

Confidentiality and disclosure of information

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

When requesting accommodation from an education provider, students (and/or their parent(s)/guardian(s)) have a responsibility to provide sufficient information about their disability-related needs to facilitate the accommodation. Educational services at the lower levels of education are broad and may include cultivating aspects of the student’s development beyond those that are strictly academic.

3. The planning process

From: Anti-racism and anti-discrimination for municipalities: Introductory manual

3.1 Taking stock of activities

Know what is happening: First, look at all your existing activities. Some municipalities may already have committees set up or a city councillor or mayor who is interested in taking on issues of anti-racism. Are there departments or agencies in the city’s governance structure, such as health or the police, which have committees or individuals looking into race-related issues? Make a list of what is being done now, and by whom, to avoid duplication and to find ways of building on each other’s work.

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