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Code Grounds /

Family and marital status

The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.

“Family status” is defined as “the status of being in a parent and child relationship.” This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.

The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship.

Relevant policy:

The Code includes two grounds that provide protections for persons in relationships: marital status and family status. “Marital status” is defined in section 10 of the Code as “the status of being married, single, widowed, divorced or separated and includes the status of living with a person in a conjugal relationship outside marriage”, including both same-sex and opposite sex relationships.

“Family status” is defined as “the status of being in a parent and child relationship.” This can also mean a parent and child “type” of relationship, embracing a range of circumstances without blood or adoptive ties but with similar relationships of care, responsibility and commitment.

The grounds of marital and family status intersect to cover a range of family forms, including lone parent and blended families, as well as families where the parents are in a ‘common law’ relationship.

Relevant policy:

March 2007 - This Policy sets out the Commission’s position on discrimination on the basis of family status as it relates to the provisions of the Code. It deals only with issues that fall within the Code and that could be the subject of a human rights complaint. At the same time, the Policy interprets the protections of the Code in a broad and purposive manner, consistent with the principle that the quasi-constitutional status of the Code requires that it be given a liberal interpretation that best ensures its anti-discriminatory goals are attained. The Commission’s Consultation Report contains a broader examination of social policy issues affecting persons disadvantaged by family status.
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I am excited to have the opportunity to share with you the results of the Ontario Human Rights Commission’s (the “Commission”) groundbreaking project on discrimination on family status. The project is the first in Canada to examine the human rights implications of the barriers faced by families who are caring for children, aging parents or relatives, and family members with disabilities.
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November 2006 - The Cost of Caring is the final Report on the Ontario Human Rights Commission’s (“the Commission”) research and public consultation on issues related to the ground of family status.
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Toronto - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
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June 2006 - Over the past ten years, the Commission has been involved in 72 judicial review decisions, 32 decisions on appeal at the Divisional Court, 40 decisions from the Court of Appeal, and 17 from the Supreme Court of Canada. As of March 31, 2006, the Commission was litigating 462 cases at the Tribunal, eight cases before the Divisional Court, three in the Ontario Court of Appeal, and two before the Supreme Court of Canada.
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Toronto - The Ontario Human Rights Commission began a consultation on human rights and family status today with the release of a Discussion Paper called, Human Rights and the Family in Ontario.
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March 2005 - The Commission views this Discussion Paper as a first step in its examination of human rights and family status and as an opportunity to expand awareness of human rights protections based on family status.
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