Discrimination is Against the Law! A Primer on Human Rights Law in Ontario

Developed by: Hamilton Community Legal Clinic Clinique juridique communautaire de Hamilton

Funding: Law Foundation of OntarioPresented by: Maria Antelo and Rani KhanPresentation for: CLEO Net WebinarDate: December 19, 2012

“All h b i b f“All human beings are born free and equal in dignity and rights”

U i l D l ti f H Ri htUniversal Declaration of Human Rights United Nations 1948

AgendaAgenda1. Ontario Human Rights Code (OHRC)2. What is discrimination?

• Social areas• Grounds

3. Exceptions to the CodeO S4. Ontario Human Rights System

5. Human Rights ApplicationHow to file an application?• How to file an application?

6. Remedies7 Where to get help?7. Where to get help?

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

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.

Pre-Quiz: True of false?

4. At the library, a man sitting near me says he doesn’t like blacks and that I yshould move away. If I tell the librarian she can tell him to stop.

5 A landlord can refuse to show me5. A landlord can refuse to show me and my boyfriend the apartment because we are a gay couple.g y p

Ontario’s HumanOntario’s HumanOntario s Human Ontario s Human Rights CodeRights Code

Ontario's Human Rights Code

The Code protects people in Ontario against discrimination.

- Foundations of the Code- Where the Code came from

P bl- Preamble

What is discrimination?What is discrimination?

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

hibit d d)prohibited ground)

What is discrimination?

Discriminationcan target one person- can target one person;

- can target a group; - can be hard to see or it can be part of a system.

What is discrimination?

There are different forms of discrimination:

1. Direct discrimination2. Indirect discrimination3. Systemic discrimination4. Poisoned environment5. Harassment6. Racial profiling7. Reprisal or threat of reprisal

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.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 ”says Sorry. It s only for working people.

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.

What is discrimination?

Harassment:

Comments or Conduct that are unwelcome to you

Questions?

What is discrimination?

Social Areas – where is discrimination prohibited?discrimination prohibited?Ontarians enjoy freedom from discrimination in 5 areas, called ' i l ‘'social areas‘:

• employment• accommodation• services• goods & facilities• goods & facilities• membership in vocational

associations & trade unionsassociations & trade unions

What is discrimination?

Prohibited Grounds of DiscriminationPART 1 of the Code lists the grounds of discrimination — you

t di i i t i t th f lcannot discriminate against another person or group of people because of their:

• Sexual orientation •Colour• Family status• Marital status• Age

•Colour•Ancestry •Place of origin•Citizenship

• Receipt of public assistance

(Note: This ground applies only to claims

•Ethnic origin•Disability •Creed•Sex, including sexualapplies only to claims

about housing.)• Record of offences

(Note: This ground li l t l i

Sex, including sexual harassment, pregnancy, and gender identity, gender expressionA i ti / l ti hiapplies only to claims

about employment.)•Association/relationship with any of the above

What is discrimination?

Exceptions to the CodePART 2 of the Code lists some exceptions to the Code— you canPART 2 of the Code lists some exceptions to the Code you can differentiate between people or groups in some instances:

• Special Programsp g• 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• Restricting facilities based on gender due to public

decency• Minimum drinking/smoking ages• Housing where bathroom/kitchen is shared with landlord• Insurance contracts

Questions?

I learned…Th O t i H Ri ht C d f• 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 Codeto make sure that everyone is treated equally and without discriminationwithout discrimination.

• Discrimination can take many forms. It can be against one person or a group of people It can hardlyagainst 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 orDiscrimination can be direct, indirect, systemic or can look like reprisal, a poisoned environment, harassment or racial profiling.

Ontario’s Human Ontario’s Human Rights SystemRights SystemRights SystemRights System

Ontario's Human Rights System

Ontario’s Human Rights System is made up of three organizations:three organizations:

Applicant

OHRC HRLSC HRTO

Ontario's Human Rights System

Ontario’s Human Rights System is made up of three organizations:

1.1. The Ontario Human Rights The Ontario Human Rights C i i (OHRC)C i i (OHRC) d ld l

three organizations:

Commission (OHRC)Commission (OHRC) develops develops policies, provides public educationpolicies, provides public education

2.2. The Human Rights Legal SupportThe Human Rights Legal Support2.2. The Human Rights Legal Support The Human Rights Legal Support Centre (HRLSC) Centre (HRLSC) provides free legal provides free legal assistance to people living in Ontarioassistance to people living in Ontario

3 Th H Ri h T ib l f3. The Human Rights Tribunal of Ontario (HRTO) where all human rights applications are filedpp

Questions?

Human Rights ApplicationHuman Rights Application

Human Rights Application

Challenging DiscriminationChallenging 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• File a human rights application

Human Rights Application

Human Rights Application:

Prohibited Ground of Discrimination + Social Area +Discrimination + Social Area +

Adverse treatment + Connection to Prohibited GroundProhibited Ground

Human Rights Application

How do you know if you have a valid human rights claim?

Ask yourself:

rights claim?

Ask yourself:- Did the problem happen in one of the five social areas?

Is one or more of the prohibited grounds involved?- 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?you experience barriers to participation?- Is your human rights claim believable?- What impact did the problem have on you?

Human Rights Application

Process of filing an applicationDraft Application

Send to Human Rights Tribunal of Ontario

You, HRLSC

Response

Reply

Mediation

6-8 monthsDisclosure

Hearing

12 to 16 months

Questions?

RemediesRemedies

Human RightsRights

Remedies

What types of remedies can the Tribunal yporder?

There are three types of remedies the Tribunal can order ifThere 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”

Where to get helpWhere to get helpWhere to get helpWhere to get help

Where to get help

www.hrlsc.on.ca 1 866 625 51791-866-625-5179

• Free service to applicants• information advice representation• information, advice, representation• Obligation to serve all of Ontario• Lawyers and paralegalsLawyers and paralegals

Where to get help

Useful links

CERA http://www equalityrights org/cera/http://www.equalityrights.org/cera/ • Centre for Equality Rights in

AccommodationAccommodationYOUR LEGAL RIGHTShttp://yourlegalrights on ca/http://yourlegalrights.on.ca/• Information to help you understand

and exercise your legal rights inand exercise your legal rights in Ontario

Where to get help

Website: www.hamiltonjustice.cajTwitter: @HamiltonJustice

Facebook: www.facebook.com/HamiltonJustice

Questions?

What did I learn today?What did I learn today?

Thank you for your attention.