IS AGAINST THE LAW
Understanding the Human Rights Code of Ontario:
A Reference Manual
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Table of Contents
Introduction...............................................................................................p. 4
Objectives of the Manual..........................................................................p. 4
Organisation of the Manual.....................................................................p. 5
PART 1: THE CONCEPT OF HUMAN RIGHTS
Meaning of Human Rights.......................................................................p. 6
Difference between Human Rights and Other Rights..........................p. 6
Characteristics of Human Rights............................................................p. 7
Categories of Human Rights....................................................................p. 7
History of Human Rights.........................................................................p. 08
Discrimination...........................................................................................p. 11
Development of Human Rights in Canada............................................p. 12
The Canadian Charter of Rights and Freedoms....................................p. 13
PART 2: ONTARIO HUMAN RIGHTS SYSTEM
Ontario Human Rights Code...................................................................p. 15
Grounds of Discrimination (Housing, Employment, etc)....................p. 16
Harassment.................................................................................................p. 17
Duty to Accommodate..............................................................................p. 18
Human Rights System in Ontario............................................................p. 18
How Do I Know if I Have a Human Rights Complaint?......................p. 19
Human Rights Claims: Human Rights Tribunal of Ontario................p. 20
Human Rights Legal Support Centre.......................................................p. 20
Huan Rights Commission..........................................................................p. 20
PART 3: TOOL KIT
How to use the Tool Kit............................................................................p. 26
Guidelines for a Human Rights Education Facilitator..........................p. 26
Preparation.................................................................................................p. 27
Acknowledgements...................................................................................p. 28
3
INTRODUCTION
“Freedom,
justice and
peace are the
foundation of
any society.
These
values allow
individuals
and
communities
to prosper
Freedom, justice and peace are the foundation of any society. These
values allow individuals and communities to prosper and develop fully.
Accordingly, the struggle for freedom, justice and peace is the foundation
of human rights. Human rights are basic standards of human dignity and
mutual respect.
Readers/users of this manual will not only learn about effective Human
Rights Education (HRE) design, they will also have the opportunity to
put their learning into practice by preparing an actual model for a human
rights training workshop.
HRE is about developing an understanding of human rights and imparting
respect for these rights. The methodology adopted for this purpose is a
participative and interactive educational one. Participative methodology
has been found by human rights educators to be the most efficient and
powerful way to develop knowledge1, skills2 and attitudes3 that will
ensure human rights are respected and protected. Ultimately HRE allows
individuals to be better able to participate in society and its governance.
Objectives of the Manual
The manual presents accessible materials for the broader population. It will
improve awareness of human rights and access to the human rights system.
It can be used to reach groups that have historically been disadvantaged
or marginalized and can benefit from increased awareness around human
rights such as recent immigrants, Aboriginal communities, people with
mental and physical disabilities (including those living in residential care
facilities), and people living in isolated rural areas.
The manual aims at providing human rights educators with the necessary
tools for planning, designing, and conducting effective workshops. The
manual contains a “how to” for designing, delivering, and evaluating
human rights training while developing a systematic approach to HRE.
and develop
fully.”
1
2
3
4
Knowledge that human rights documents exist as well as which rights they contain;
understanding that these rights are universally applicable to all human beings; and becoming
aware of the consequences of violating human rights.
Skills to improve ones own life and the lives of others; to be able to morally analyze the world;
and to question or challenge the status quo.
Attitudes such as that dignity is inherent in all people; that rights should be respected; that
cooperation is better than conflict; and that we are responsible for our actions.
The manual is intended to be used by both facilitators and participants. Facilitators will use this part of
the manual to prepare and conduct workshops. Participants will use the material elsewhere in the manual
as a reference tool both during and after the workshops.
The manual is designed to fulfill the following objectives:
In General:
• Understanding human rights
• Asserting human rights
• Defending human rights
• Respecting the rights of others
• Empowering people in order to bring about social change
In Particular:
• To bring awareness of the Ontario Human Rights Code
• To identify grounds and social areas covered by the Code
• To be able to explain how the Code protects individuals and groups from discrimination
and harassment
• To be able to understand the human rights system of Ontario
• To learn what to do if one has a human rights complaint
Organisation of the Manual
The Manual is divided into three parts:
Part I is designed to present contextual information and provides mainly theoretical knowledge about
human rights. This part is intended for the facilitator/trainer’s own use. It provides a summary of major
themes and issues related to an understanding of human rights.
Part II is about the human rights system of Ontario. It contains information about the process of filing a
human rights complaint at the Human Rights Tribunal.
Part III offers facilitator-guided activities and interactive activities that enable participants to discover
the information they need. Facilitators can select activities to create a structure that is suited to the
participants’ background, knowledge of human rights and their learning goals.
5
PART I: THE CONCEPT
OF HUMAN RIGHTS
Meaning of Human Rights
Human rights may be defined as: universal legal guarantees that belong to
all human beings and that protect individuals and groups from actions and
omissions that affect fundamental human dignity.1
Simply put, human rights are universal, moral rights that belong to
everyone. They include the right to life, liberty and respectful interactions.
Human rights also include all of the political, social, and economic
rights necessary for people to live in dignity.2 The core principles on
which human rights are based are: human dignity, equality, respect, non
discrimination, justice, fairness and peace.
Kofi Annan, Secretary General of the United Nations, stated on the fiftieth
anniversary of the Declaration that “Human rights is foreign to no country
and native to all nations” and that “without human rights no peace or
prosperity will ever last.”
Human rights recognize the inherent dignity and worth of each human
being and provide respect and protection from harm. Human rights
promote positive behaviour among all people by defining principles of
conduct based on mutual respect and wellbeing.
Difference between Human Rights and Other Rights
Rights are entitlements. The Concise Oxford Dictionary defines a right
as including “a thing one may legally or morally claim; the state of being
entitled to a privilege or immunity or authority to act.” Rights are norms
that help to protect people from political, legal, and social abuses.
Rights exist as moral, legal or natural rights. A right can exist as a shared
moral norm, as a legal right given by a legal authority, or as a right from
nature. For example, the right to freedom of religion, the right to a fair trial
when charged with a crime, the right not to be tortured, and the right to
engage in political activity are all legal rights in Canada. Teachings of one’s
faith prescribe certain moral laws. The inherent dignity of human beings
has been described as a natural law.
1
2
6
Source: Office of the High Commissioner for Human Rights (OHCHR)
M. Kronenwetter, Taking a Stand Against Human Rights Abuses (Toronto: Franklin Watts,
1990) at 18 (hereinafter Kronenwetter).
The distinctions between legal and moral rights and rights derived from natural law are not very clear.
Human rights can also be legal rights once they have been enacted in legislation. In other words, some
legal rights may refer to a natural entitlement. For example most governments give the right to all its
citizens to be to be treated equally and fairly. The right to be treated equally and fairly is also a natural
human right.
One can also have positive rights versus negative rights. Positive rights are permissive. One example of
a positive right is the right to vote. Negative rights prohibit certain behaviour such as a right to be free
from arbitrary arrest.
Characteristics of Human Rights:
Universal
All human beings are born free and equal. Human rights are the same for all human beings.
Inalienable
Human rights, as understood in natural law, belong to every human being under all circumstances. They
cannot be taken away. People have human rights even when the laws of their countries do not recognize
them.
Indivisible / Interdependent
Indivisibility means that no rights are more basic than others. All human rights are equally important for
the dignity and worth of every person.
Inherent
Human rights belong to people simply because they are human. They are not bought, earned or inherited.
7
Categories of Human Rights
Figure 1: Categories of rights
RIGHTS
CIVIL & POLITICAL
Life, liberty, freedom of
speech, freedom from
torture
ECONOMIC SOCIAL
& CULTURAL
Right to work and
education
SOLIDARITY
Peace, development,
humanitarian
assistance, self and
economic determination
Rights have been catalogued by the United Nations in the Universal Declaration of Human Rights
(1948)—a General Assembly resolution that is not legally binding.
Human rights have been classified historically in terms of three “generations” of human rights.
• The first generation of civil and political rights restricts what others (including the state) may do,
for example rights to, life, liberty, and freedom from torture, and the rights to freedom of speech and
worship.
• The second generation of economic, social, and cultural rights requires active provision, such as
imposing an obligation on government. Some analysts call them ideals including the right to work and
the right to education.
• Finally, the generation of solidarity rights, is associated with the political and economic aspirations
of developing and newly decolonized countries after World War II. They are such rights as peace,
development, and humanitarian assistance and include the collective rights to political self-determination
and economic development. While many of the claims attach to individuals, some belong to collectivities,
such as the right to national self-determination. The right to development is an inalienable human right
by virtue of which every human person and all peoples are entitled to participate in, contribute to, and
enjoy economic, social, cultural and political development, where all human rights and fundamental
freedoms can be fully realized. The right to development includes:
a. full sovereignty over natural resources
b. self-determination
c. popular participation in development
d. equality of opportunity for the creation of favourable conditions for the enjoyment of other
civil, political, economic, social and cultural rights.
8
History of Human Rights
Human Rights in World History
“Where,
after all do
universal
rights begin?
In small
places, close
to home - so
close and so
small that
they cannot
be seen on
any maps of
the world.”
There are multiple human rights narratives. Eleanor Roosevelt’s words,
however, can provide a good starting point: “Where, after all do universal
rights begin? In small places, close to home – so close and so small that
they cannot be seen on any maps of the world. Yet they are the world of
the individual person; the neighborhood he lives in; the school or college
he attends; the factory, farm or office where he works. Such are the places
where every man, woman, and child seeks equal justice, equal opportunity,
equal dignity without discrimination. Unless these rights have meaning
there, they have little meaning anywhere. Without concerted citizen action
to uphold them close to home, we shall look in vain for progress in the
larger world.”3
The contemporary idea of human rights includes two concepts: individuals
bear certain “natural” rights, and every individual has inherent and equal
moral worth. Although international agreement on human rights was
reached in 1948, human rights ideas can be traced to ancient cultures
and civilizations.The history of human rights springs from a number of
moral and religious codes; although they may not be complete expressions
of human rights, they still provide foundations for the contemporary
doctrine.
Codes of conduct and justice were already present in Native American
sources that date back centuries before many other known sources of such
rights and duties. The belief that all human beings have dignity and are
worthy of respect as well as fair and equal treatment by each other is shared
by all humanity. The ancient “golden rule” – “Do unto others as you would
have them do unto you” – has been practiced by many cultures. The Hindu
Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran),
and the teachings of Confucius are some of the oldest sources laying out
the basis for equal rights for all humanity.
Cicero (106-43 BC), a Roman philosopher and lawyer gave directions
to act justly and be of service to others. In his De officiis (44 B.C.E.; On
Duties), Cicero spoke about the principle that people have a duty to secure
justice for all members of the human race, regardless of their nationality or
ethnicity.4
Confucius (551 BC – 479 BC), a Chinese philosopher, stated the Golden
Rule differently: “How about ‘shu’ [reciprocity]: never impose on others
what you would not choose for yourself?”5
3
Eleanor Roosevelt (1958).
4http://science.jrank.org/pages/9659/Human-Rights-Stoicism-Roman-Jurisprudence.html
5
Analects XV.24, tr. David Hinton http://en.wikipedia.org/wiki/Confucius
9
The Constitution of Medina (622 AD), Arabia, instituted a number of rights and responsibilities for
the Muslim, Jewish and pagan communities of Medina, establishing religious freedoms, the security of
women, a system for granting protection of individuals, and a judicial system.
In the 16th century, Hindu philosopher Chaitanya held that “there is only one caste – humanity.” Sikh
leader Guru Gobind Singh proclaimed that we should “recognize all the human race as one.”
The Magna Carta (1215) was one of the most significant early influences leading to the rule of
constitutional law in the world; “To no one will we sell, to no one will we refuse or delay, right or justice.”6
It influenced the development of common law and many constitutional documents, including the
constitution of the United States of America (USA).
British philosopher John Locke, in his Second Treatise of Government (1690), argued that all people
have ‘natural rights’ because they are human. Every individual person ‘in the state of nature’ has certain
‘natural rights’. This applies to ‘common humanity’ and ‘governments all through the world’.7 Locke’s
views on liberty and the social contract between the people and the ruler influenced Voltaire (French
thinker) and Thomas Jefferson (former President of the USA).
Thomas Jefferson authored the American Declaration of Independence.8 The Declaration states, “We hold
these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with
certain inalienable rights, that among these are life, liberty and the pursuit of happiness.”9
The French Revolution took France from being a monarchy to a republic, based on rights and the
equality of “all men.” The Declaration of the Rights of Man and the Citizen states, “All men are born and
remain free, and have equal rights.”
In 1840, Samuel Parnell in New Zealand launched a campaign for the right to rest and leisure, and fought
for the Eight-Hour Work Day. In his words, “We have twenty-four hours per day given us; eight of these
should be for work, eight for sleep, and the remaining eight for recreation and in which for men to do
what little things they want for themselves.”10
A campaign for racial equality was taken up by W. E. B. DuBois who, in 1909, formed an organisation
called National Association for the Advancement of Coloured People NAACP (NAACP) which in the
1940s campaigned successfully for the USA to support the inclusion of reference to human rights in the
United Nations Charter. In the 1960s, this same organisation played an important role in tackling racial
inequality in the USA.
Towards the end of the 19th century, campaigns for the human rights of women gained momentum. The
first international women’s conference, in 1888, brought together women from eight countries including
India. In China, Qiū JĬn campaigned for equality and rights such as the freedom to marry, freedom of
education, and abolishment of bound feet. She became a political revolutionary seeking the overthrow of
the Qing dynasty, was arrested, tortured and executed at the age of 31. Today she is considered a hero in
China.
She said, “All that separates whether of race, class, creed, or sex, is inhuman, and must be overcome...
6http://en.wikipedia.org/wiki/Justice_delayed_is_justice_denied
7
Second Treatise of Government, 1690 http://plato.stanford.edu/entries/locke-political/#LawNat
8
Although he talked about equality and rights Thomas Jefferson himself owned slaves
9
Declaration of Independence, 4 July 1776
10
http://www.nzhistory.net.nz/people/samuel-parnell n
10
We want our emancipation! Men and women are born equal, why should we let men hold sway?”11
On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56
members of the United Nations. The vote was unanimous, although eight nations chose to abstain.
United Nations decided to promote respect for the human rights of all. The Commission on Human
Rights was charged with the task of drafting a document promoting everyone’s rights and freedoms. The
Commission was led by Eleanor Roosevelt.
Discrimination
In human rights law, treating an individual or group differently or unfairly based on certain
characteristics is discrimination. Every Canadian is legally protected from discrimination by human
rights legislation. All Canadians have the right to be treated equally and be free from discrimination.
In order to ensure that this legislation is effective, Ontario’s human rights enforcement system oversees
the application of human rights law. Discrimination is unfair because it is based on a person being in a
particular group, instead of their actual qualities, performance, or merit.
Discrimination can involve not being hired, losing a job, being paid less, or failing to get a promotion or
some other work benefit. It includes unfair treatment when requesting a service that is generally available
to the public such as getting a birth certificate for a child born in Canada.12
Discrimination creates social and economic inequalities. It places burdens, obligations or disadvantages
on an individual or group which are not imposed on others, or withholds or limits access to
opportunities, benefits and advantages which are available to others. Inequitable treatment leads to
exclusion of individuals or groups from full participation in society.
To better understand the meaning of discrimination let us distinguish it from prejudice. Discrimination
is sometimes caused by prejudice. Prejudice is an attitude while discriminatory behaviour is a
consequence of prejudice. Discrimination and prejudice are linked.
Prejudice means judging before knowing the facts. It is an attitude or belief which is held without really
considering the facts. Any preconceived opinion or feeling, favourable or unfavourable toward certain
groups is prejudice. In the human rights context, prejudice is a negative attitude or feeling toward certain
groups based on generalizations.
Forms of Discrimination
Discrimination can be against an individual or a group. It may be obvious and easily detectable; this kind
of discrimination is called direct discrimination, e.g. an office will not hire you because you are a woman.
Indirect discrimination (or Constructive Discrimination) happens as a result of apparently neutral
policies, practices, or rules that have a discriminatory effect. Systemic discrimination often falls into
this category. Discrimination results as a consequence of rules or policies that treat people differently by
giving special treatment to some people.
Punishing or threatening to punish someone who has filed a human rights complaint is also a form of
discrimination called reprisal. When comments or actions make you feel unwelcome or uncomfortable
where you work or live, this may also be discrimination and contribute to what has been called a
poisoned environment.
11
12
Quotes from Confucius, Chatarya, Al Farabi, Guru Gobind Singh, Samuel Pamell, Web Dubois and Qio Jin have
been taken fron Freedom for all The Human Rights story Human Rights In Education by Mana ika Tangta
From: http://www.chrc-ccdp.ca/publications/anti_discrimination_intro- en.asp
11
Harassment
Discrimination includes harassment. Harassment is behaviour that demeans, humiliates or embarrasses
a person. It may include actions (e.g. touching, pushing), comments (e.g. jokes, insults, name-calling) or
displays (e.g. posters, cartoons) especially when a person who is indulging in such behaviour knows that it
is unwelcome. When this behaviour is directed at a person because of any ground covered by the Ontario
Human Rights Code such as race, colour, or national or ethnic origin, then it is discrimination. Racial slurs
or jokes can poison an environment, even if they are not directed towards a particular person. This is also
a form of harassment.13
“Des insultes
ou des farces
raciales peuvent
empoisonner un
milieu même si
elles ne visent
pas une personne
en particulier...”
Development of Human Rights in Canada
Although Canada’s human rights record has generally been good, there
have been some instances of abuse. A brief history of Canada’s responses
to these abuses illustrates the evolution of human rights in the country.
Following are some examples that demonstrate the path Canada has
followed.
Aboriginal Children in Residential Schools
Many of the children who were taken to Residential Schools were
dehumanized and horrifically abused. Prime Minister Stephen Harper
apologized in June 2008 for previous governments’ roles in the
administration of these schools, and the Indian Residential Schools Truth
and Reconciliation Commission has been set up to create a record of what
happened in an attempt to help the families affected by Residential Schools
to heal.
Chinese Head Tax
Beginning with the Chinese Immigration Act of 1885, a head tax of $50 was
imposed on Chinese newcomers in an attempt to deter immigration. The
government subsequently raised the amount to $100 in 1900, and then to
$500 – the equivalent of two years’ wages – in 1903. This tax remained in
place until 1923, when the government amended the Chinese Immigration
Act and effectively banned most Chinese immigrants until 1947.
In 2006, the Canadian government offered a full apology to Chinese Canadians for the head tax and
expressed sorrow for the subsequent exclusion of Chinese immigrants. To substantiate the apology,
the Government of Canada offered symbolic payments to living head tax payers and living spouses of
deceased payers.
Komagata Maru
In 1908, the Government of Canada amended the Immigration Act with the Continuous Passage Act,
which required immigrants to come to Canada directly from their country of origin without any stops
for refueling or anything else. This was nearly impossible for immigrants from the Indian sub-continent.
In 1914, the Komagata Maru sailed from Hong Kong to Vancouver carrying 376 passengers from Punjab,
India. When the ship arrived, Canadian authorities did not let the passengers disembark. For two months,
the passengers and the British Columbian authorities were involved in a heated legal battle.
13http://www.chrc-ccdp.ca/publications/anti_discrimination_intro-en.asp
12
In the end, only 22 returning Canadian citizens were given permission to land in Canada. The Komagata
Maru was forced to leave Vancouver harbour with the remaining passengers still on board and return to
India, where British officials intended to transport them to the Punjab. This resulted in a riot in which 29
passengers were shot by British authorities and 20 of them died.
Japanese Internment
Japanese Canadians were interned during World War II and their property was confiscated. The
internment began in December 1941, following the attack by the Japanese on the American base at
Pearl Harbor, Hawaii and was rationalized on grounds of national security. The people were transported
to camps in various locations in the interior of British Columbia, often with substandard conditions,
causing great hardship. In 1988, Prime Minister Brian Mulroney gave a formal apology and announced
the details of compensation for the affected Japanese Canadians.
The Canadian Charter of Rights and Freedoms
During the past fifty years Canada has encoded civil rights and liberties into law. Civil rights were
initially given recognition in the Canadian Bill of Rights14 and later embedded in the Canadian Charter of
Rights and Freedoms. The Charter gives the following rights and fundamental freedoms to all Canadians:
• The right to life, liberty and security of the person and enjoyment of property, and the right not to
be deprived thereof except by due process of law
• the right to equality before the law and its protection
• freedom of religion, speech, assembly and association, and the press
• the right not to be arbitrarily detained, imprisoned or exiled
• the right not to receive cruel and unusual punishment
• the right to be informed promptly of the reason for arrest
• the right to retain and instruct counsel without delay
• the right to obtain a writ of habeas corpus to determine the validity of detention
• the right not to give evidence if denied counsel, and protection against self-incrimination
• the right to a fair hearing
• the right to be presumed innocent until proven guilty
• the right to reasonable bail
• the right to an interpreter in any legal proceedings
The Charter is the supreme law of the land, and any law that contradicts the Charter is unacceptable.The
Canadian Charter of Rights and Freedoms or the Charter of Rights and Freedoms or simply the Charter
guarantees certain political rights and civil rights to Canadian citizens by all levels of government. The
Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982. The Charter states:
“Every individual is equal before and under the law and has the right to the equal protection and equal
benefit of the law without discrimination”15 The Charter is a part of the Constitution of Canada. It can
only be changed by an amendment to the Constitution.16
14
15
16
The Canadian Bill of Rights was introduced by Prime Minister, John Diefenbaker. It became law on August 10, 1960. It was not entrenched in the
Constitution, however, which meant that a simple Act of Parliament could revoke it.
Quote taken from http://www.ohrc.on.ca/en/resources/discussion_consultation/CoalitionAgainstRacismENG?page=CoalitionAga
instRacismENG-INTERNAT.html
Section 52 of the Constitution states that “the Constitution of Canada is the supreme law of Canada and any law that is consistent with the provi
sions of the Constitution is of no force or effect”.
13
Signficant Charter Cases
Example: The Morgentaler Case
In 1988 the Supreme Court of Canada declared that the abortion law in the Criminal Code of Canada
was unconstitutional. Section 251 of the Criminal Code of Canada made it illegal to either have or assist
a woman in having an abortion. An abortion would only be permitted if it was shown that continuing
the pregnancy would endanger the mother’s health. Dr. Morgentaler set up abortion clinics in defiance
of this law. He was charged under section 251 of the Criminal Code. He argued that this section violated
a woman’s right to liberty and security of the person under Charter section 7. The Supreme Court of
Canada agreed with Dr. Morgentaler and struck down Section 251.17
Oakes test
Charter rights are not absolute and can be infringed if the Courts determine that the infringement is
reasonably justified. To establish that a limit/infringement of a right or freedom is justified, it must be
shown that: a) The objective of the infringement is “sufficiently important” in the sense that it relates to a
pressing and substantial concern and, b) The consequences of the measure/limit and the objective being
sought must be directly proportional (i.e., the more severe the limit/infringement, the more important
the objective must be).18
The “Notwithstanding Clause”, Section 33
Section 33 is one of the most controversial sections in the Charter. It is commonly referred to as the
“notwithstanding clause.” It allows provinces to override sections in the Charter. This can be done when
the legislation specifically states it is to be exempted from one or more of the Charter provisions. For
example, in 1989, Premier Bourassa of Quebec used the clause to override a decision of the Supreme
Court of Canada which set aside a law requiring signs displayed on the outside of public buildings be in
French only
To Whom Does the Charter Apply?
The Charter applies to actions of the government at all levels. Section 32 states that the Charter applies
to parliament and to federal and provincial legislatures and to federal and provincial governments. The
Charter applies to people working for either the Federal Government or a private company regulated
by the Federal Government. It also applies to anyone who receives goods and services from any of
those sectors. All of the Federal Government departments and Crown corporations (such as the CBC
or Canada Post) must adhere to it. Private companies such as railroads, airlines, banks, telephone
companies, and radio or TV stations must also adhere to it.
Canada’s International Obligations
Canada has committed itself to upholding human rights by ratifying several United Nations Conventions
that deal with human rights. Before the federal government ratifies these instruments, it obtains the
consent of all of the provinces and territories. As Canada has ratified these Covenants, individuals
within Canada have a right to make complaints to the United Nations Human Rights Committee once
they have shown that all legal avenues have been pursued unsuccessfully in Canada. Sandra Lovelace
lost her Indian status upon marrying a non-Indian based on Section 12(10)(b) of the Indian Act, which
declared that “… persons are not entitled to be registered, namely...a woman who married a person who
is not an Indian…” Lovelace complained of sexual discrimination in the Indian Act. The Human Rights
Committee upheld Lovelace’s position as valid. In 1985 Canada removed the discriminatory clause from
the Indian Act.
17
Discrimination, Human Rights, and You—Teachers Guide, 1998 The Alberta Civil Liberties Research Centre Calgary
1821http://www.law.ualberta.ca/centres/ccs/rulings/theoakestest.php
14
PART 2: ONTARIO HUMAN
RIGHTS SYSTEM
Ontario Human Rights Code
The Ontario Human Rights Code (the “Code”) is designed to prevent discrimination and
harassment. The Code was one of the first laws of its kind in Canada. Before 1962, various
laws dealt with different kinds of discrimination. The Code brought them together into
one law and added some new protections.1
Some of these laws were:
• The Racial Discrimination Act (1944)
• The Fair Employment practices Act (1951)
• The Fair Accommodation Practices Act (1954)
• Ontario Anti-Discrimination Commission Act (1958)2
Characteristics of the Ontario Human Rights Code
There are four key characteristics of the Code, they are:
• Primacy: If there is a conflict between the Code and other provincial laws, the Code
has superiority, unless there is a specific exception.
• Remedial: the Code is not meant to punish. Instead, it tries to prevent
discrimination through education.
• Effect vs. Intent: the Code looks at the actual effect whether or not it was intended.
• Provincial: The Code applies to work, housing, contracts and vocational associations
that are covered by Ontario’s laws. (The Canadian Human Rights Act applies to
workplaces or services that are covered by federal laws, such as banks, Canada Post,
the airlines and the federal government.)
The Code
Ontario’s Human Rights Code has three parts: the Preamble, Part I and Part II. The
introduction in the Preamble of The Code maintains that everyone in Ontario must be able
to live, work and play with:
• Dignity, respect and mutual understanding
• Equal rights and opportunities
• Full participation in society
1http://www.ohrc.on.ca/en/resources/code
2
An Act to create a commission to administer the above acts and develop educational programs
15
Part 1, of the Code covers freedom from discrimination and states the social areas and the prohibited
grounds of discrimination.
The five areas, called ‘social areas’ protected by the Code are:
• Services, goods and facilities
• Housing accommodation
• Contracts
• Employment
• Vocational Associations
Services includes:
• 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.
Housing Accommodation includes:
• buying
• selling
• renting
For example, every one must be treated equally 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, using the swimming pools or the laundry room. A landlord cannot refuse to rent to a tenant
just because they receive public assistance.
Contracts: A contract is a legal agreement. It can be in writing or verbal. Everyone has a right to be free
from discrimination in contracts.
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.
Vocational Associations: Everyone has a right to join and to be treated equally in a union, professional
association or other vocational association.
16
“... Every employee should be aware of the steps they can take to
stop and prevent harassment. ”
Grounds of Discrimination:
• Citizenship
• Race
• Place of Origin
• Ethnic Origin
• Colour
• Ancestry
• Disability
• Age
• Creed
• Sex/Pregnancy
• Family Status
• Marital Status
• Sexual Orientation
• Receipt of Public Assistance (in housing only)
• Record of Offences (in employment only)
Part I of the Code
prohibits discrimination against another person or group of people because of any one of the following:
Race-related grounds: include ethnic origin, colour and place of origin. It also includes citizenship and
ancestry.
Disability: includes temporary and permanent disabilities, being in receipt of Workers Safety and
Insurance Benefits in the past or at present, learning disabilities, visible, invisible and perceived
disabilities.
Age: for housing, you have to be 18 unless you are no longer under parental control.
Creed: implies religion or beliefs.
Sex includes pregnancy and gender, that is, persons who are bisexual, transgender, trans-sexual or intersexed.
Sexual orientation includes persons who are gay, lesbian, bisexual, queer or heterosexual.
Family status is the status of being in a parent child relationship.
Marital status includes being single, married, widowed, co-habitating, common law and same-sex
marriages.
Receipt of social assistance applies 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 under the Highway Traffic Act, and federal offences
for which pardon has been granted.
Discrimination is also prohibited when people are treated differently on more than one ground
(Intersecting grounds). Or on perceived grounds - because of a belief that they identify with a Code
ground, when in fact, they do not.
17
Part II of the Code explains how the Code is applied and explains the following terms: Harassment; Duty
to Accommodate; Special Programs, and Special Interest Organizations, Special Employment.
Harassment
Harassment can range from physical contact to persistent jokes about race or colour. It often originates
from someone who is in a position of power over the person being harassed.3 Harassment usually
happens more than one time and is behaviour or words known to be unwelcome.
The Code prohibits harassment based on any prohibited ground of discrimination and in all of the social
areas. Harassment can be a poisoned work environment.4
For example, a boss may demand sexual favours in exchange for a salary increase or any other work
related favour. In such situations, the employee is forced to make a choice between giving in to sexual
demands or losing a work related benefit.
The Code looks at the effect or consequence of the words or behaviour not whether or not there was an
intention to harass or discriminate.
It is the duty of employers and service providers to prevent harassment. The Code further makes it
necessary that every employee should be aware of the steps they can take to stop and prevent harassment.
Duty to Accommodate means making special arrangements for some people, so they can have the same
opportunities as everyone else. For example, flexible working hours or a ramp into a building for persons
who use wheelchairs for mobility.
Accommodation is based on the principles of:
• Respect for dignity
• Individualization
• Integration and participation
• Barrier-free design
Undue hardship is the standard that the person or company providing accommodation is expected to
meet.
Under the Code, the duty to accommodate must not lead to undue hardship. It considers: costs; outside
sources of funding; and health and safety requirements.
3
4
18
Harassment is a form of discrimination. The Code defines harassment as a course of vexatious comment or conduct that is known, or ought
reasonably to be known, to be unwelcome. It includes offensive comments or actions based on one or more of the above grounds. http://www.hrto.
ca/hrto/?q=en/node/28
This kind of harassment is also called quid pro quo harassment or. Quid pro quo is a Latin term meaning “something for something.”
Special Programs, Special Interest Organizations, Special Employment
The following types of organizations are permitted under the Code to limit their services or facilities on
specific grounds:
• Philanthropic or charitable groups;
• Educational organizations such as religious schools or colleges;
• Fraternal organizations such as mutual aid societies;
• Social institutions such as cultural community centres.
• The Code allows organizations such as religious schools and colleges, community benefit groups or
cultural clubs to hire people who share the same culture, religion or background as the people they
serve.
• The Code is not infringed by special programs that seek to assist disadvantaged persons or groups.
Human Rights System of Ontario
Chief Commissioner Barbara Hall in the Ontario Human Rights Commission’s 20092010 Annual Report. Stated, “Our work can be summed up in three words: educate,
empower and act – actions that can transform written rights into lived rights.” - http://
www.ohrc.on.ca/en/resources/news/0910ar
Ontario’s Human Rights system includes three separate organizations with specific functions. The three
organizations are the Human Rights Tribunal of Ontario, Human Rights Legal Support Centre, and the
Ontario Human Rights Commission.
The Human Rights Tribunal of Ontario (HRTO) – where all human rights applications are filed, The HRTO
resolves claims of discrimination and harassment brought under the Ontario Human Rights Code (the
“Code”) in a way that is fair, just and expeditious. HRTO resolves cases by making sure that it provides:
• accessibility, both physically and functionally
• fairness
• transparency
• timeliness
• an opportunity to be heard
A claim of discrimination or harassment can be brought to the HRTO by filing an application. The
HRTO processes applications following its Rules of Procedure, Practice Directions and Policies (available
at www.hrto.ca) and may also be guided by prior HRTO decisions (available on call at www.canlii.org).
The HRTO first tries to resolve complaints by helping the parties settle the claim through its mediation
process. If the parties do not agree to mediation, or mediation does not resolve the application, the
HRTO holds a hearing to decide the application.
The HRTO is a quasi-judicial adjudicative agency so it has the authority to hold hearings, make decisions
and order remedies. The Vice-chairs, Members or adjudicators are people who make decisions. As
decision-makers they are impartial and have experience, knowledge and training in human rights law
and issues.
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The Human Rights Legal Support Centre (HRLSC) – The HRLSC is an independent agency funded by the
government of Ontario. It helps human rights applicants - people facing discrimination. It does not
help respondents: i.e. employers, landlords, service providers or business operators.5 It provides legal
assistance free of charge to people living in Ontario who believe they have experienced discrimination.
The Centre does not provide legal assistance to applicants to re-file Commission complaints at the
Tribunal. The Legal Centre has partnerships with lawyers, legal clinics and other community-based
services in communities across Ontario and receives help from them in supporting a complaint.6
HRLSC does the following: legal advice about how to address the discrimination that has been
experienced; legal assistance in completing an application to the Human Rights Tribunal of Ontario.
The Centre can be contacted through the email or by phone. Federal matters such as airline travel, chartered
banks, television and radio stations, telephone companies, federal government departments and agencies are
dealt with by the Canadian Human Rights Commission. www.chrc-ccdp.ca or call 1-888-214-1090.
The Ontario Human Rights Commission (OHRC) - OHRC develops policies, provides public education,
monitoring and community outreach, and conducts inquiries in accord with Section 30 of the Code
which authorizes the OHRC to set standards for how individuals, employers, service providers and
policy-makers should act to ensure compliance with the Code.
How do you know if you have a human rights complaint?
A human rights complaint can be made if someone has experienced discrimination or harassment on one
or more of the 15 grounds of discrimination in any of the five social areas. To find out whether you have
a human rights complaint, ask the following questions:
1. Were you treated differently from other people?
2. Did the problem happen in one of the five “social areas: Services, Goods and Facilities, Housing,
Contracts, Employment or Vocational Associations such as unions?
3. Is one of the 15 grounds (such as race, disability, age or sex) also involved?
4. Is there a link between the social area and the ground(s)?
5. Is your complaint supported by evidence?
If the answer is ‘yes’ to each question then you have a human rights complaint that can be argued.
What if I think I may have a Human rights complaint?
For legal information about human rights, visit any of the three websites:
• Human Rights Legal Support Centre: www.hrlsc.on.ca
• Ontario Human Rights Commission: www.ohrc.on.ca
• Human Rights Tribunal of Ontario: www.hrto.ca
• Your Legal Rights: www.yourlegalrights.on.ca
You can also contact the Law Society of Upper Canada’s Lawyer Referral Service at: 1-900-565-4LRS
(4577). The Lawyer Referral Service provides a name of a lawyer for a free consultation of up to 30
minutes to help you determine your rights and options.
5
6
20
If you are an employer, please go to the Ontario Human Rights Commission’s web site at www.ohrc.on.ca to read the Human Rights at Work 2008
guide or call the Commission at 1-800-387-9080 to hear recorded information.
People who have ongoing human rights complaints that were filed at the Commission before June 30, 2008, have the right to file a new application
at the Human Rights Tribunal based on their Commission complaint. This right to re-file or transfer a Commission complaint will end on June 30,
2009. The Tribunal has in place a straightforward mediation and hearing process for these transferred complaints, designed to be accessible and
user-friendly for self- represented parties.
Community legal clinics also provide services to address the legal needs of low income people and
communities. Lawyers and legal workers provide information, legal advice, and legal representation in
areas selected by their boards of directors. Community legal clinics can be found at Legal Aid Ontario’s
website: www.legalaid.on.ca. They can be contacted directly to see if its staff can help, and if you qualify
financially for clinic services.
HRTO is where all human rights applications are filed. You can file an application on your own directly at
the Tribunal. Go to www.hrto.ca or call the Tribunal at 1-866-598-0322 (1-416-326-1312). The Tribunal
has a guide to help you complete your application available to you on their website.
You can also contact the Human Rights Tribunal at:
Human Rights Tribunal of Ontario
655 Bay Street, 14th floor Toronto, ON M7A 2A3
Local (Toronto): (416) 326-1312
Toll Free (outside Toronto Area): 1-866-598-0322
TTY (Local): (416) 326-2027 | TTY (Toll Free): 1-866-607-1240
Fax: (416) 326-2199 | Fax (Toll Free): 1-866-355-6099
If you do not speak English or French, an interpreter can be arranged to facilitate communication. You
can also provide your own interpreter.
The Process for Human Rights Claims with HRTO
Step One: Filing an application
The HRTO process begins when a person files a completed application form with the HRTO. The person
is then called the Applicant. The application form (Form 1) can be downloaded from the HRTO’s website
or obtained by contacting the HRTO. The completed form can be dropped off, mailed, faxed or e-mailed
to the HRTO. The form can also be filed directly through the HRTO’s website using a Smart Form.
Where to Send Your Application?
If you are completing your Application on-line you will have sent the Tribunal your Application when
you press “submit”.
You can also send your application by mail to:
Registrar, Human Rights Tribunal of Ontario
655 Bay St. 14th Floor Toronto, ON M7A 2A3
Or you can send your Application by email at [email protected]
Or you can send your Application by fax at (416) 326-2199 or (Toll Free): 1-866-355-6099.
Note: Submit / send your Application only once. If the Tribunal receives this Application more than once,
it will only accept the first Application received.
21
When should an application be filed?
An application should be filed within one year of the date on which discrimination is alleged to have
occurred. If there was more than one discriminatory event, the application should be filed within one
year of the last event. Applications filed after one year are not permitted unless the HRTO finds that
there was a good reason for filing late and that the delay will not negatively affect other people involved in
the application.
On the application form the Applicant must identify who they believe is responsible for the human rights
violation claimed. This person or organization is called the Respondent. There can be more than one
Respondent. The applicant must also provide a detailed first-person account of the situation that led to
the claim.
Questions on the form include:
• In what area and on what grounds do you believe your rights were infringed?
• What happened that makes you feel that you were discriminated against?
• What do you want to have happen in response to your application?
• Do you want to see any changes in policies or practices?
The form also asks the Applicant to list the important witnesses and documents related to the application
that the Applicant has. The Applicant is asked to explain very briefly why each proposed witness can help
prove their case (for example, if a witness was there when an incident happened, the Applicant would say
that on the form).
On the application, the Applicant can also tell the HRTO about any relevant documents that other people
have and that the applicant needs in order to prepare his or her case. The form also asks the Applicant to
identify anyone else who may be affected by the application, for example, the Applicant’s union.
What happens if a submitted application is not complete?
The HRTO will contact an Applicant to ask for additional information when minor information is
missing from the application form, such as a postal code or telephone number.
The HRTO may return the application to the Applicant when too little information is provided on an
important issue or when a required section of the form is blank. The Applicant will have twenty (20) days
to fill in the missing information. The HRTO cannot provide any legal advice, but will give the applicant
information about the services of the HRLSC and other places to ask for assistance.
If the Applicant does not provide the missing information needed to complete the form, the HRTO will
review the form and, on a case-by-case basis, decide if there is enough information to begin the process
of dealing with the application.
The HRTO does not have the power to handle an application if:
• the application does not relate to a ground of discrimination (for example, race or disability) or an
area of activity (for example, housing or employment) covered by the Code;
• the events happened outside Ontario;
• the organization that is said to have discriminated is a federally-regulated company or industry
such as a chartered bank, an airline, a television or radio station, a telephone company or a
company that operates buses and railways that travel between provinces;
• the human rights claim is already before the courts, or the subject of a court decision; or
• there was already a complaint to the Ontario Human Rights Commission related to the same or
22
substantially the same matter.
If the HRTO decides that it does not have the authority under the Code to deal with the application, it
will dismiss the application with written reasons.
Step Two: Response requested from the Respondent
As soon as the application is accepted for processing, HRTO will send each Respondent a copy of
the application mostly within a week’s time. Information about the Applicant’s witnesses from the
application form will be removed. If the Applicant has asked to be contacted through an alternate
contact, the Applicant’s personal contact information will also be removed.
Note: A Respondent who has had notice of the application but fails to file a response may be subject to
orders, including monetary compensation, without having an opportunity to participate further in the
process. The Respondent must respond by completing a response (Form 2) within 35 days of receiving a
copy of the application.
Step Three: Applicant’s Reply to the Response
The Applicant gets a chance to reply to the respondent’s information. The HRTO will send the Applicant
a copy of the Response form and ask the Applicant to reply to any new matters raised. The HRTO will
not send information about the Respondent’s witnesses to the Applicant. 7 The Applicant has 14 days to
complete the reply. It can only deal with new matters raised in the response.
Please check http://www.hrto.ca/hrto/?q=en/node/28 for information regarding what the respondent will
have to do if a human rights complaint has been filed.
If the applicant initiated another legal process which is complete, a Respondent may ask the HRTO to
dismiss the application. The HRTO will not make a decision to dismiss the application without giving
the Applicant and Respondent a chance to state their position on whether the other process dealt with
the substance of the current application.
The HRTO may also decide to defer an application if the same issues are still being considered in
another proceeding and the results would also apply to the parties. Before the HRTO decides to defer an
application, both the Applicant and the Respondent will have a chance to state their position on whether
a deferral is appropriate.
The HRTO will try to make procedural and preliminary decisions quickly, so that the parties can get to a
resolution without unnecessary delay.
Step Four: Mediation
In the application and response forms, the parties are asked if they want to participate in mediation to
try to resolve the application. If the parties agree, the HRTO will schedule a mediation8 session before
they are required to exchange documents. However, if at any time after the application is filed, either the
7
The Ontario Human Rights Commission has the right to be informed of applications before the HRTO, and receives copies of all applications and
responses. The Commission can intervene in any application with the consent of the applicant. As well, the Commission can ask to intervene without the applicant’s consent, subject to any directions or terms that the HRTO sets after hearing from the parties.
8
Mediation is always a voluntary process, and any proposed settlement must be accepted by both the applicant and the respondent.
If the parties are unable to reach a resolution they are prepared to accept, the application will go to the hearing stage. If the parties settle the
case in mediation, the HRTO will issue an order disposing of the application and the HRTO’s file will be closed.
23
Applicant or Respondent, or both of them together, ask the HRTO to assist them to resolve the issues in
dispute through mediation, an HRTO adjudicator may contact the parties to explore opportunities for
settlement.
The HRTO will mediate disputes using an active listening approach. This means that parties with the
help of HRTO adjudicator, who has experience in human rights law, will explore a fair resolution of the
matter.
The HRTO can take some other steps like:
• Conduct a case assessment.
• Schedule a conference call with the Applicant and Respondent to discuss how the HRTO can deal
with the application and case management issues.
• In certain circumstances, a short hearing might be scheduled to allow parties to make oral
submissions before an adjudicator makes a decision on a preliminary issue. At the hearing, the
adjudicator after listening to the Applicant and the Respondent and any witnesses will close the
hearing on the preliminary issue. The adjudicator will then write a decision after reviewing all the
information and submissions presented at the hearing. In some cases, an application will go through
all of the above steps.
Step Five: Pre-Hearing Process
The parties will receive a Confirmation of Hearing from the HRTO which tells them the date and
location of their hearing of the application. Within twenty-one (21) days from the date of the
Confirmation of Hearing.
The parties are required to exchange all arguably relevant documents with each other. Then, forty-five
days (45) prior to the scheduled date for the hearing, they must tell each other and the HRTO about
relevant documents they want to use at the hearing and about any witnesses they intend to call to give
evidence at the hearing.
The adjudicator through consultation with the parties, decides on the structure of the hearing, including
the order in which witnesses testify. The adjudicator is a neutral decision-maker and cannot take
responsibility for identifying and leading the evidence. It is up to the Applicant and the Respondent to
bring forward evidence to support their respective positions.
Step Six: The Decision
The adjudicator can decide to dismiss the application or can find that discrimination or harassment
occurred and can order a remedy for the Applicant. A remedy could be a monetary award or an
order that the Applicant be given an opportunity to return to work, for example, with appropriate
accommodation. The Respondent may be ordered to correct the discriminatory situation, to develop
policies or hold training sessions for staff. The adjudicator may also order actions to promote future
compliance with the Code.
There is no right of appeal from an HRTO decision, but a party can ask for a reconsideration of the
decision in some cases. A decision of the HRTO can be judicially reviewed if it is patently unreasonable.
Grounds for reconsideration include:
• when new facts come to light
• when a party did not receive notice of the hearing and was unable to participate
24
• when the HRTO considers it advisable and proper to reconsider the decision, for example because
it believes the decision departed significantly from established case law, and there is a broader public
interest in reconsidering the decision
The HRTO’s goal is to have the hearing completed within one year of receiving a completed application
form. However, most applications will be settled much more quickly through the mediation process.
In what languages does the HRTO conduct its proceedings?
The HRTO is committed to being accessible and providing accommodation for needs related to race,
ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy and gender
identity), sexual orientation, age, marital status, family status and disability, unless doing so would cause
undue hardship. HRTO proceedings can be conducted in English, French or bilingually and, where
requested, with interpretation in American Sign Language (ASL) or Quebec Sign Language (QSL).
Persons who require interpretation for another language to be able to participate in an HRTO mediation
or hearing may ask the HRTO to provide appropriate interpretation services by contacting the HRTO’s
Registrar.
Requesting an Expedited (Rush) Process
You can ask the Tribunal to expedite (rush) your application process if there are special, urgent
circumstances that could affect the hearing or cause you harm. To do this, you must include a Form 14
with your Application, explaining what the urgent circumstances are. You can get a copy of Form 14 at
www.hrto.ca or by contacting the Tribunal.
Summary: What Happens After You File Your Application
Here are the stages in the process after the Tribunal has received your Application:
1. Tribunal staff will review your Application to make sure that it is complete. If you do not complete all
the required sections, the Tribunal will return your Application to you, explaining how your Application
is incomplete and asking for the missing information. The Tribunal will not accept your Application until
it is complete.
2. A file number for your Application is assigned. This number will be used for all future communications
with the Tribunal.
3. HRTO will determine whether the application falls within the scope of the Code, and whether it has
the power to deal with the Application.
4. After removing the names of witnesses and your contact information, HRTO will send a copy of the
Application to the Respondents named in your Application. The Tribunal will ask them to complete a
response form.
5. If a Respondent raises any new matters, the Applicant will get an opportunity to file a reply.
6. If both Applicant and the Respondent agree to mediation, a meeting with a mediator will be scheduled.
The mediator will try to help both sides to come to an appropriate settlement.
7. If your Application goes ahead without mediation, or if mediation is not successful, HRTO will
schedule a hearing.
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PART 3: TOOL KIT
How to use the Tool Kit
This Tool Kit has been developed to support facilitators, community
leaders and educators to conduct workshops on Ontario’s human rights
system.
Section I of the Tool Kit gives some useful guidelines and tips for
facilitators for holding effective human rights workshops.
Section II contains a workshop on Ontario’s human rights system including
the Ontario Human Rights Code and the institutions that implement
the system in the Province of Ontario for a small to a medium size (620) group of participants. (Workshops of one hour to a full-day can be
designed from the materials presented in this Tool Kit).
The workshop contains Fact Sheets and activities that can be photocopied
in their entirety and may be handed out as the facilitator considers fit.
Guidelines for a Human Rights Education
(HRE) Facilitator
Facilitator Tips:
What Makes A Good Session on Human Rights Education (HRE)
1. Ideal learning conditions: Learning conditions that promote a sense
of safety and openness and trust (e.g., appropriateness of the training
environment).
2. Open, democratic learning situation: The establishment of a learning
situation that is democratic, open, rational, provides access to all available
information and promotes critical reflection.
3. Transformative learning as experiential: Learning that allows a sharing of
personal and professional human rights experiences.
4. Participant-centred curriculum: Effective structural methods that support
a learner-centred approach, promote student autonomy, participation and
collaboration and activities that encourage the exploration of alternative
personal perspectives, problem-posing and critical reflection.
26
5. Feedback and self-assessment: Learning conditions that support appropriate and timely feedback are key
aspects of a participatory learning process.
6. Group setting for transformative learning: Significant conditions for transformative learning in a group
context include the opportunity to get to know the cultural background of participants in the group; the
importance of embracing and not avoiding “dissonance and conflict”; the necessity to act on new ideas.
7. Facilitator characteristics: “Teachers” need to be trusting, empathetic, caring, authentic, and sincere and
demonstrate a high degree of integrity.1
Finally, it must be noted that the training should not be viewed as an “end” in itself, rather than as a
“means” which contributes towards achieving an “end”. Although our goal is social transformation, in a
training event, we work primarily with individuals. What strategies can we use to address this challenge
of working individually and impacting socially?2 Human Rights Education involves the exploration of
human rights principles and instruments and the promotion of critical reflection and inquiry. Ultimately,
Human Rights Education inspires people to take control of their own lives and the decisions that affect
their lives.
Preparation
1. Develop Learning Objectives: By defining the goals of the workshop, the facilitator can give a clear
direction and structure to the workshop and will clearly set out the desired outcomes for the participants
2. Develop a Training Plan: A well planned workshop/ training will help convey the message which
the facilitator wants to bring home to his/her trainees. Following are the essentials of a Human Rights
Education training plan:
• a time framework, i.e., how long will the session/s last.
• a suitable location for the session.
• a selection of activities appropriate for the participants.
• an evaluation tool for assessing the outcomes of the training/ workshop
3. Gather all training aids and other essential materials: Selecting aids for the training must depend on:
• Practicability
• Suitability
• Availability
• Time available
4. Evaluate the workshop: At the end of the workshop or training session, an evaluation of the session will
allow participants to recap what they have learnt. The evaluation will also serve the trainer by bringing
to light any perspective that can improve the workshop in future. (The Appendix has a sample evaluation
form which the facilitator/trainer can copy and use for her/his workshop).
1
Source: V. Nazzari, P. McAdams, and D. Roy. “Using Transformative Learning as a Model for Human Rights Education: A Case Study of the Canadian Human
Rights Foundation’s International Human Rights Training Program,” Intercultural Education 16, 2 (2005): 171-186.- taken from equitas manual
2
Source: D. Sprenger The Training Process: Achieving Social Impact by Training Individuals. Berghof Research Center for Constructive Conflict
Management,
2005 http://www.berghof-center.org (accessed June 2, 2007). Taken from Equitas manual.
27
IS AGAINST THE LAW
Acknowledgements
The manual has been prepared by Hamilton Community Legal Clinic/
Clinique juridique communautaire de Hamilton in broad consultation with
numerous human rights specialists, NGOs and development practitioners.
The project; “Discrimination is Against the Law” would not have been
possible without funding from Law Foundation of Ontario and support
from the Human Rights Legal Support Centre (HRLSC).
At the February 2009 meeting of Community Connectors, a group of
community partners of Hamilton Community Legal Clinic, met to discuss
legal issues affecting Hamilton communities. The need for education about
human rights in Ontario was identified in light of the legislative changes in
2008. The Community Connectors acted in an advisory role on the project.
An Advisory Committee of community partners met once a month to
provide feedback on the material being developed for the manual and
fact sheets. We would like to extend special thanks to the members of the
Advisory Committee: YWCA, Mohawk College, Hamilton City-Access and
Equity Dept., Settlement and Integration Services Organization (SISO),
Hamilton Centre of Civic Inclusion (HCCI), Sexual Assault Centre of
Hamilton (SACHA), St. Joseph Immigrant Women’s Centre, Hamilton
Wentworth District School Board.
The project envisioned the production of accessible materials on the
human rights system of Ontario for targeted groups and the broader
population. The manual and fact sheets are the direct outcome of this
initiative.
The primary researcher for this project was Dr. Basharat Tayyab. We are
grateful to Basharat for her comprehensive research and initial drafts.
28