Developed by: Hamilton Community Legal Clinic
Clinique juridique communautaire de Hamilton
Funding: Law Foundation of Ontario
Mandate: The Hamilton Clinic focuses on offering poverty law services and is
committed to adapting its services to meet local needs and work with individuals,
groups and service providers to improve legal rights and promote access to
justice. It provides a variety of services including legal advice, legal representation,
public legal education, advocacy training, law reform and community organising.
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“All human beings are born free
and equal in dignity and rights”
Universal Declaration of Human Rights
United Nations 1948
“Discrimination is against the law!”: The Human Rights Outreach Project developed by the Hamilton
Community Legal Clinic
This project was conceived in collaboration with community partners to produce accessible materials for the
broader population and targeted groups in a variety of languages and formats, including a community
workbook. A Hamilton-wide organized campaign has been launched to improve awareness of human rights
and access to the human rights system.
Reaching out to hard-to-reach communities: Outreach materials and public education sessions target
groups that have historically been disadvantaged or marginalized but can benefit from increased
awareness of human rights: recent immigrants, aboriginal communities, persons with mental and physical
disabilities (including those living in residential care facilities), and those living in isolated rural areas.
A model for other communities: “Accessible” (materials) includes language, literacy and alternate formats as
well as a focus on being eye-catching, practical and economical to reproduce for use elsewhere. The
workbook could be used across the province for Public Legal Education sessions given by a variety of
community partners and as part of train-the-trainer workshops. Templates for presentations can be
reproduced easily.
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Agenda
1. Ontario Human Rights Code (OHRC)
2. What is discrimination?
• Social areas
• Grounds
3. Exceptions to the Code
4. Ontario Human Rights System
5. Human Rights Application
• How to file an application?
6. Remedies
7. Where to get help?
Explain Agenda
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Pre-Quiz: True of false?
1. As a refugee I’m not protected under
the Code.
2. I can’t live in adult-only apartments
because of my children.
3. I am 64, so it’s alright for the
manager to keep asking me when I’m
going to retire.
Answers
1. False
2. False
3. False
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Pre-Quiz: True of false?
4. At the library, a man sitting near
me says he doesn’t like blacks and
that I should move away. If I tell the
librarian she can tell him to stop.
5. A landlord can refuse to show me
and my boyfriend the apartment
because we are a gay couple.
Answers
4. True
5. False
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Ontario’s Human
Rights Code
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Ontario's Human Rights Code
The Code protects people in Ontario
against discrimination.
- Foundations of the Code
- Where the Code came from
- Preamble
"Foundations of the Code" looks at the international, national and provincial laws and
statutes that helped to shape the Ontario Human Rights Code.
International law says we all have human rights. The beginning of the Code, the Preamble,
talks about the Universal Declaration of Human Rights, which was adopted by the United
Nations in 1948.
The Ontario Human Rights Code looks to the Canadian Charter of Rights and Freedoms,
which guarantees the people of Canada important political and civil rights.
History / Background
After World War II, Ontario politicians and citizens asked for legislation to protect human
rights, and it was one of the first provinces to introduce:
The Racial Discrimination Act (1944)
The Fair Employment Practices Act (1951)
The Fair Accommodation Practices Act (1954)
In 1962, these laws were combined into one called Ontario Human Rights Code.
Preamble
At the beginning of the Code is the Preamble. The Preamble says that everyone in Ontario
must be able to live, work and play with dignity, to contribute to society and have equal
access to opportunities, without discrimination.
Dignity and worth of each person
Climate of respect and mutual understanding
Equal rights and opportunities
Fully participate in society
The United Nations created the Universal Declaration of Human Rights 1948. It talks about
human rights values around the world. Some of the wording from this important document
appears in the Preamble of Ontario's Code.
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What is discrimination?
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What is discrimination?
Discrimination is:
•treating somebody unfairly or differently
•Denying someone a benefit
•Excluding someone
•Imposing special obligations on someone
Because of a characteristic like their race,
disability, sex, age or religion, etc. (called a
prohibited ground)
Unequal or different treatment, on the basis of a prohibited ground, with an adverse
impact.
(Discrimination is treating somebody differently because of their race, disability, sex
or other personal characteristics mentioned in the Code.)
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What is discrimination?
Discrimination
- can target one person;
- can target a group;
- can be hard to see or it can
be part of a system.
Discrimination has many different forms.
Discrimination can target one person...
or a group;
it can be hard to see or it can be part of a system.
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What is discrimination?
There are different forms of discrimination:
1. Direct discrimination
2. Indirect discrimination
3. Systemic discrimination
4. Poisoned environment
5. Harassment
6. Racial profiling
7. Reprisal or threat of reprisal
Direct discrimination means discriminating against someone because you think
they are different from you. It includes practices or behaviours that have a negative
effect on a person or a group of people because of one of the reasons listed in the
Ontario Human Rights Code. It doesn't matter that you didn't intend to treat them
differently. What matters is whether your actions or what you said results in
discrimination or that discrimination was a factor in your decision or treatment of
them.
Indirect discrimination (also called Constructive or adverse) happens
when certain policies, demands or rules which seem to be fair or neutral have a
discriminatory effect or exclude some people on the basis of the grounds listed in
the Code
Systemic Discrimination? Systemic discrimination happens when an
organization's rules or culture causes people to be treated differently
Poisoned Environment can happen when comments, behaviours, actions, or
general culture/environment makes you feel unwelcome or uncomfortable where
you work or live.
Harassment under the Code means "a course of vexatious comment or conduct
that is known or ought reasonably to be known to be unwelcome."
Racial profiling Racial profiling is making assumptions about an individual
because they belong to a specific race or ethnic background
Reprisal means punishing someone because they have a human rights complaint,
or because they say they have witnessed discrimination
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What is discrimination?
What kind of discrimination is this?
Curtis is 17 years old and is trying to find an
apartment. He is on social assistance. The
landlord asks him to fill out an application.
After a couple of days Curtis calls the landlord
to see if he got the apartment. The landlord
says “Sorry. It’s only for working people.”
Direct discrimination means discriminating against someone because you think
they are different from you. It includes practices or behaviours that have a negative
effect on a person or a group of people who belong to a ground listed under the
Code. It doesn't matter that you didn't intend to treat them differently. What matters
is whether your actions or what you said results in discrimination
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What is discrimination?
What form of discrimination is this:
An organization hires people from all walks
of life; and yet it seems that all the
managers are older white men.
Racial profiling Racial profiling is making assumptions about an individual
because they belong to a specific group
Or
Systemic Discrimination – the organization’s culture/practices causes certain
people to be treated differently
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What is discrimination?
Harassment:
Comments or Conduct that are
unwelcome to you
What is workplace harassment?
Workplace harassment is any unwelcome or unwanted behaviour that insults or shows
hostility or an aversion toward another person on the basis of any characteristic protected
by the code, which includes an individual's race, color, gender, ethnic or national origin,
age, religion, disability, marital status, sexual orientation, gender identity, or other personal
characteristic protected by law. A conduct is unwelcome if the employee did not solicit,
instigate or provoke it, and the employee regarded the conduct as undesirable or offensive.
What are some examples of workplace harassment?
Workplace harassment can take many forms including, but not limited, to these examples:
Verbal – Sexual innuendoes and other suggestive comments; racial or ethnic slurs;
humour, jokes or teasing about sex, race, age, religion, disability or gender-specific traits;
repeated requests for dates; sexual advances or propositions; comments about a person’s
body, dress, excessive flattery or questioning of a personal nature; abusive language or
insults; or threats.
Visual or Non-Verbal – Leering or staring in a sexual manner; whistling or hooting;
suggestive or insulting looks; vulgar sounds or gestures; offensive or hateful pictures,
posters, calendars, cartoons or obscene e-mail; excessive attention in the form of love
letters or gifts; or offensive or derogatory written materials.
Physical – Inappropriate touching of the body (e.g., brushing, patting, hugging, pinching or
shoulder rubs); kissing or inappropriate display of body parts; coerced acts of a sexual
nature; physically blocking another individual’s movement, assault; exclusionary or
demeaning actions or activities based on age, ethnicity, sex or race.
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Questions?
What is discrimination?
Social Areas – where is
discrimination prohibited?
Ontarians enjoy freedom from
discrimination in 5 areas, called
'social areas‘:
•
•
•
•
•
employment
accommodation
Services goods & facilities
contracts
membership in vocational
associations & trade unions
Employment 'Employment' is interpreted broadly and covers everything from
hiring to firing. It can include training, promotions and dismissal, overtime, holidays,
sick benefits, discipline and performance evaluations. The Code can apply to
employees and after hours work and when employees are not at their workplace.
Accommodation may include: buying, selling, Renting, evictions,
You have the right to equal treatment when buying, selling, renting or being evicted
from an apartment, house, condominium, commercial office or a hotel. This
includes being able to enter the building such as the doors, using the swimming
pools or the laundry room. A landlord cannot refuse to rent to a tenant who is on
public assistance, family benefits or a disability pension.
Contract: A contract is a legal agreement. It can be in writing or verbal. Everyone
has a right to enter a contract on equal terms.
Services may include: Stores, restaurants and bars; Hospitals and health
services; Schools, universities and colleges; Public places and their facilities, such
as community centres, public washrooms, libraries, malls and parks; Municipal and
provincial government services and programs such as social assistance and
benefits, and public transit. Services provided by insurance companies; Classified
ads in a newspaper. You have a right to be free from discrimination when you
receive goods or services, or use facilities.
Vocational Associations Everyone has a right to join and to be treated equally in
a union, professional association or other vocational association.
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What is discrimination?
Prohibited Grounds of Discrimination
PART 1 of the Code lists the grounds of discrimination — you
cannot discriminate against another person or group of people
because of their:
•
•
•
•
•
Sexual orientation
Family status
Marital status
Age
Receipt of public
assistance
(Note: This ground
applies only to claims
about housing.)
• Record of offences
(Note: This ground
applies only to claims
about employment.)
•Colour
•Ancestry
•Place of origin
•Citizenship
•Ethnic origin
•Disability
•Creed
•Sex, including sexual
harassment, pregnancy,
and gender identity,
gender expression
•Association/relationship
with any of the above
Sexual orientation includes persons who are gay, lesbian, bisexual or
heterosexual.
Family status is the status of being in a parent child relationship.
Marital status includes being single, married, divorced, widowed, co-habitation and
same-sex marriages.
Age: for housing, you have to be 18 unless you do not have a legal guardian.
Receipt of social assistance applies only to housing accommodation and includes
for example, being in receipt of government-funded subsidies and supportive
housing.
Record of offences includes provincial offences such as offences under the
Highway Traffic Act, and federal offences for which a pardon has been granted.
Race-related grounds include: ethnic origin, colour and place of origin. In some
instances, it may also include citizenship and ancestry.
Disability includes temporary and permanent disabilities, being in receipt of
Workers Safety and Insurance Benefts in the past or at present, learning
disabilities, visible, invisible and perceived disabilities.
Creed includes religions and beliefs.
Sex includes pregnancy and gender, that is, persons who are bisexual,
transgenderists, trans-sexual or inter-sexed.
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What is discrimination?
Exceptions to the Code
PART 2 of the Code lists some exceptions to the Code— you can
differentiate between people or groups in some instances:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Special Programs
Where 65 years of age is a requirement under the law
Where Canadian citizenship is a requirement under the
law
Religious/philanthropic/educations/fraternal/social
organizations
Separate school boards
Restricting facilities based on gender due to public
decency
Minimum drinking/smoking ages
Housing where bathroom/kitchen is shared with landlord
Insurance contracts
Special Programs that are designed to relieve hardship or economic
disadvantage or help disadvantaged persons/groups achieve equal
opportunity or is likely to contribute to elimination of infringement of
Human Rights discrimination – for ex. Housing that is exclusively for
Aboriginal people
Where 65 years of age is a requirement under the law – for example for
OAS
Where Canadian citizenship is a requirement under the law – For ex.
Religious/philanthropic/educations/fraternal/social organizations that are
primarily engaged in serving the interests of persons indetified by a
prohibited ground
Separate school boards
Restricting facilities based on gender due to public decency
Minimum drinking/smoking ages
Housing where bathroom/kitchen is shared with landlord
Insurance contracts where is reasonable and bona fides to do so
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Questions?
I learned…
• The Ontario Human Rights Code came from
international, national and provincial laws and statutes
developed after World War II.
• Human rights are for everyone. We have the Code
to make sure that everyone is treated equally and
without discrimination.
• Discrimination can take many forms. It can be
against one person or a group of people. It can hardly
be noticeable or it can be part of a system.
• Discrimination can be direct, indirect, systemic or
can look like reprisal, a poisoned environment,
harassment or racial profiling.
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Ontario’s Human
Rights System
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Ontario's Human Rights System
Ontario’s Human Rights System is made up of
three organizations:
Applicant
OHRC
HRLSC
HRTO
OHRC Also does research and makes recommendations to prevent and eliminate
discriminatory practices including reviews of legislation/policies, can initiate inquiries into
discriminatory practices and make recommendations. They can also intervene in hearings.
HRLSC assists applicants only, not respondents and their services are free of charge if you
meet their eligibility criteria
The HRTO adjudicates all matters that proceed to a hearing, they also facilitate mediations
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Ontario's Human Rights System
Ontario’s Human Rights System is made up of
three organizations:
1. The Ontario Human Rights
Commission (OHRC) develops
policies, provides public education
2. The Human Rights Legal Support
Centre (HRLSC) provides free legal
assistance to people living in Ontario
3. The Human Rights Tribunal of
Ontario (HRTO) where all human rights
applications are filed
OHRC Also does research and makes recommendations to prevent and eliminate
discriminatory practices including reviews of legislation/policies, can initiate inquiries into
discriminatory practices and make recommendations. They can also intervene in hearings.
HRLSC assists applicants only, not respondents and their services are free of charge if you
meet their eligibility criteria
The HRTO adjudicates all matters that proceed to a hearing, they also facilitate mediations
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Questions?
Human Rights Application
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Human Rights Application
Challenging Discrimination
•
•
•
•
•
Know your rights!
Write EVERYTHING down
Get a witness
Have an organization help you
Tell the person/organization that
you feel you are being
discriminated against
• File a human rights application
The first step in challenging discrimination is being aware of your rights. Hopefully
this presentation is helpful to you. If you require any more information you may want
to visit the Ontario Human Rights Commission website or contact a Legal Clinic or
HRLSC.
The second step is to document what has happened. The reason it is important to
write things down is because it can eventually serve as evidence. It is a particularly
good idea to date everything you are writing. It can also be useful as a reminder of
what happened when you are going to file a complaint. When things are fresh in
your memory, they tend to have more details.
Having a witness can help lend credibility to your complaint. Especially if the other
party denies the complaint.
Call an organization in your community that has experience in the field of Human
Rights. Community Legal Clinics are a great place to start. They offer free legal
advice to anyone who calls.
Tell the organization/person that you believe they are discriminating against you,
give them a chance to investigate, discuss it with you, get further information and
try to rectify the situation
The last step is to file the complaint. You can do this with the help of the Human
Rights Legal Support Center or you can do it online or by mail.
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Human Rights Application
Human Rights Application:
Prohibited Ground of
Discrimination + Social Area +
Adverse treatment + Connection to
Prohibited Ground
In order to file a human rights complaint you need to be sure that the discrimination
that has taken place is covered by the Human Rights Code.
Social Areas include: Employment, Housing, Services, goods & facilities,
membership in vocational associations & trade unions
Grounds include: Sexual orientation, Family status,Marital status, Age, Receipt of
social assistance applies only to housing accommodation, Record of offences,
Race-related grounds, Disability, Creed, Sex
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Human Rights Application
How do you know if you have a valid human
rights claim?
Ask yourself:
- Did the problem happen in one of the five social
areas?
- Is one or more of the prohibited grounds involved?
(such as race, disability, age or sex also involved?
-Were you treated differently from other people you
experience barriers to participation?
-Is your human rights claim believable?
-What impact did the problem have on you?
If you have can answer yes to all these questions, you may have a valid human
rights claim!
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Human Rights Application
Process of filing an application
Draft Application
You, HRLSC
Send to Human Rights Tribunal of Ontario
Response
Reply
Mediation
6-8 months
Disclosure
Hearing
12 to 16
months
There is a claim form to be filled out. You can find this form on the Ontario Human
Rights Tribunal Website
Response – must be provided within 35 days of receipt of Application
Reply – must be completed within 14 days of receipt of Response
Mediation – scheduled for 6-8 months later, if both parties agree to it
Disclosure – Twice – first time: within 21 days of hearing notice you must disclose
all arguably relevent documents in your possession, Second time: you must provide
all documents you intend to rely on at the hearing including witnesses names and
witness statements 45 days prior to the hearing date
Hearing – your trial where you have to prove you were discriminated against in a
social area based on a Code ground and the impact it had on you
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Questions?
Remedies
Human
Rights
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Remedies
What types of remedies can the Tribunal
order?
There are three types of remedies the Tribunal can order if
discrimination is found:
(a)financial compensation (often called “damages”);
(b) non-financial compensation (letter of regret, apology,
the job, letter of employment, accommodation); and
(c) so called “public interest remedies”
a, Financial compensation You are entitled to be free from discrimination.
General damages are intended to financially compensate you for injury to your
dignity, feelings, and self-respect as a result of the discrimination.
Special damages are intended to compensate you for money that you have lost or
been forced to spend because of the discrimination.
Examples:
lost income/wages (i.e. if you were terminated, based on a
discriminatory reason, and had difficulty finding another job);
lost benefits (i.e. long term disability, health/drug benefits, etc.);
the rental
deposit that you paid to the landlord who discriminated against you; your moving
expenses if you were forced to move because of discrimination and/or harassment.
b, Non-financial compensation
The Tribunal can also order the Respondent to do something that will put you in the
position you would have been in if the discrimination had not happened. For
example, in an employment situation, the Tribunal could order:
reinstatement to your job;
a promotion; an offer of employment; the
removal of a harasser from your work environment;
letters of assurance of future compliance with the Code; or a letter of reference
c, Public interest remedies
The Tribunal can order a wide range of remedies that are “in the public interest.”
These remedies are meant to have an impact on more people than just the person
making the human rights application and the person or corporation responding to it.
Examples:
change hiring practices; develop non-discriminatory policies and
procedures; develop internal human rights complaint procedures;
implement
pro-active measures (such as a recruitment policy aimed at eliminating barriers for
racial minorities); implement education and training programs (such as having all
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Where to get help
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Where to get help
www.hrlsc.on.ca
1-866-625-5179
•
•
•
•
Free service to applicants
information, advice, representation
Obligation to serve all of Ontario
Lawyers and paralegals
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Where to get help
Useful links
CERA
http://www.equalityrights.org/cera/
• Centre for Equality Rights in
Accommodation
YOUR LEGAL RIGHTS
http://yourlegalrights.on.ca/
• Information to help you understand
and exercise your legal rights in
Ontario
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Where to get help
Website: www.hamiltonjustice.ca
Twitter: @HamiltonJustice
Facebook:
www.facebook.com/HamiltonJustice
The information on this slide can be substituted with your local legal clinic address,
phone number and web site.
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Questions?
What did I learn today?
Use the What did I learn today? sheet.
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Thank you for your attention.
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