Human Rights Code (Ontario)

Last updated
Human Rights Code
Coat of Arms of Ontario.svg
Legislative Assembly of Ontario
  • An Act to establish the Ontario Code of Human Rights and to provide for its Administration
Citation R.S.O. 1990, c. H.19
Territorial extent Ontario
Enacted by Legislative Assembly of Ontario
CommencedJune 15, 1962
Keywords
Human rights, anti-discrimination law
Status: Current legislation

The Human Rights Code is a statute in the Canadian province of Ontario that guarantees equality before the law and prohibits discrimination in specific social areas such as housing or employment. The code's goal specifically prohibits discrimination based on race, colour, gender identity or expression, sex, sexual orientation, disability, creed, age and other grounds. [1] The code is administered by the Ontario Human Rights Commission and enforced by the Human Rights Tribunal of Ontario.

Contents

History

The Human Rights Code was the first law of its kind in Canada. It replaced various laws that dealt with different kinds of discrimination. The code brought them together into one law and added some new protections. The code came into force on June 15, 1962. June 15 was chosen as the proclamation date for the code because it was the 747th anniversary of the signing of the Magna Carta.

The code replaced the province's existing anti-discrimination legislation, including:

At the same time that the Ontario Human Rights Commission was created, the government of the day, led by Premier Leslie Frost introduced an amendment to the Fair Accommodation Practices Act to prohibit discrimination because of race, colour or creed in the renting of apartments in buildings which contain more than six units.

The Human Rights Commission led an extensive review of the Code in the mid-1970s, culminating in a report titled Life Together: A Report on Human Rights in Ontario. Some of the report's recommendations were adopted in the Ontario Human Rights Code, 1981, which passed in December 1981. [2]

Grounds

The code prohibits discrimination on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity and expression, age, marital status, family status, disability, the receipt of public assistance (housing only), record of offences (employment only), or by association with a person identified by any of those grounds.

The most recent amendment to this list was on June 19, 2012, to add gender identity and gender expression to the list of prohibited grounds.

Administration

The Human Rights Tribunal of Ontario (HRTO) is the administrative, quasi-judicial tribunal tasked with hearing complaints that the code has been violated. It has the power to grant damages and specific performance to remedy discriminatory acts. The HRTO is subject to judicial review by the Divisional Court of the Ontario Superior Court of Justice.

Before June 30, 2008, human rights complaints were filed with the Ontario Human Rights Commission (OHRC), which investigated claims of discrimination. Since June 30, 2008, claims of discrimination are filed directly with the HRTO, leaving the OHRC to concentrate its resources on systemic discrimination, public education and policy development.

Content

The code is divided into an introductory section, or "preamble", followed by seven parts.

Application

The code does not apply to federally regulated activities, such as banking, intra-provincial transportation, aeronautics and telecommunications, which are subject to the Canadian Human Rights Act . According to HRTO adjudicator, the Code only protects people with protected grounds from not being discriminated. The victim has the burden to prove the discrimination is due to his/her protected grounds. The HRTO stated it that it had no jurisdiction to ordinary people human rights abuse complaint. People disagree with HRTO think the principle and intention of the Human Rights Code (Ontario) are to protect public, not just people with protected grounds from human rights abuse.

See also

Related Research Articles

The Charter of Human Rights and Freedoms, also known as the "Quebec Charter", is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975. It received Royal Assent from Lieutenant Governor Hugues Lapointe, coming into effect on June 28, 1976. Introduced by the Liberal government of Robert Bourassa, the Charter followed extensive preparatory work that began under the Union Nationale government of Daniel Johnson.

<span class="mw-page-title-main">Transgender rights in Canada</span>

Transgender rights in Canada, including procedures for changing legal gender and protections from discrimination, vary among provinces and territories, due to Canada's nature as a federal state. According to the 2021 Canadian census, 59,460 Canadians identify as transgender.

The Ontario Human Rights Commission (OHRC) was established in the Canadian province of Ontario on March 29, 1961, to administer the Ontario Human Rights Code. The OHRC is an arm's length agency of government accountable to the legislature through the Ministry of the Attorney General of Ontario.

<i>Canadian Human Rights Act</i> Canadian federal statute protecting human rights

The Canadian Human Rights Act is a statute passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set of prohibited grounds.

<span class="mw-page-title-main">LGBT rights in Canada</span>

Canadian lesbian, gay, bisexual, and transgender (LGBT) rights are some of the most extensive in the world. Same-sex sexual activity was made lawful in Canada on June 27, 1969, when the Criminal Law Amendment Act, 1968–69 was brought into force upon royal assent. In a landmark decision in 1995, Egan v Canada, the Supreme Court of Canada held that sexual orientation is constitutionally protected under the equality clause of the Canadian Charter of Rights and Freedoms. In 2005, Canada was the fourth country in the world, and the first in the Americas, to legalize same-sex marriage nationwide.

<span class="mw-page-title-main">Human Rights Act 1993</span> Act of Parliament in New Zealand

The Human Rights Act 1993 is an Act of the Parliament of New Zealand that deals with discrimination. It was a consolidation and amendment of the Race Relations Act 1971 and the Human Rights Commission Act 1977. It came into force on 1 February 1994. The Act governs the work of the New Zealand Human Rights Commission.

Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories." The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.

Human rights complaints against Maclean's magazine were filed in December 2007 by Mohamed Elmasry of the Canadian Islamic Congress with the Canadian Human Rights Commission, the British Columbia Human Rights Tribunal and the Ontario Human Rights Commission. Maclean's magazine was accused of publishing eighteen Islamophobic articles between January 2005 and July 2007. The articles in question included a column by Mark Steyn titled "The Future Belongs to Islam", an excerpt from a book written by Steyn.

<span class="mw-page-title-main">Human rights in Canada</span>

Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.

A protected group, protected class (US), or prohibited ground (Canada) is a category by which people qualified for special protection by a law, policy, or similar authority. In Canada and the United States, the term is frequently used in connection with employees and employment and housing. Where illegal discrimination on the basis of protected group status is concerned, a single act of discrimination may be based on more than one protected class. For example, discrimination based on antisemitism may relate to religion, ethnicity, national origin, or any combination of the three; discrimination against a pregnant woman might be based on sex, marital status, or both.

<span class="mw-page-title-main">Hate speech laws in Canada</span> Canadian laws relating to hate speech

Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.

The Human Rights Tribunal of Ontario is an administrative tribunal in Ontario, Canada that hears and determines applications brought under the Ontario Human Rights Code, the provincial statute that sets out human or civil rights in Ontario prohibiting discrimination on the basis of a number of grounds in certain social areas. It is one of the 13 adjudicative tribunals overseen by the Ministry of the Attorney General that make up Tribunals Ontario. Any person who believes they have been discriminated against under the Human Rights Code may bring an application to the Tribunal.

<span class="mw-page-title-main">LGBT rights in Kiribati</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in Kiribati face legal challenges not experienced by non-LGBT residents. Male homosexuality is illegal in Kiribati with a penalty of up to 14 years in prison, but the law is not enforced. Female homosexuality is legal, but lesbians may face violence and discrimination. Despite this, employment discrimination on the basis of sexual orientation has been prohibited since 2015.

The Human Rights Code is a provincial law in the province of British Columbia, Canada that gives all people equal rights and opportunities without discrimination in specific areas such as jobs, housing and services. The code's goal is to prevent discrimination and harassment because of race, colour, sex, gender identity or expression, sexual orientation, disability, creed, age and other grounds.

The Human Rights Act 2003 (Act) is an Act of the Legislative Assembly of Nunavut, the majority of which came into effect on November 5, 2004. The stated purposes of the Act are "to acknowledge within the framework of Inuit Qaujimajatuqangit that the Government, all public agencies, boards and commissions and all persons in Nunavut have the responsibility to guarantee that every individual in Nunavut is afforded an equal opportunity to enjoy a full and productive life and that failure to provide equality of opportunity threatens the development and well-being of all persons in the community." The Act explicitly does not affect any protections provided for by the Nunavut Land Claims Agreement. A notable achievement of this legislation was to end Nunavut's status as the only jurisdiction in Canada without protections for gay, lesbian and bisexual residents against discrimination.

The Human Rights Commission of Austin (Texas) (hereafter the "Commission") was established on October 5, 1967, by the City of Austin Ordinance 671005-B. The current version of the ordinance can be found at Section 2-1-148 of The Code of the City of Austin, Texas.

The Alberta Human Rights Commission (AHRC) is a quasi-judicial human rights body in Alberta, Canada, created by the provincial government.

<i>An Act to amend the Canadian Human Rights Act and the Criminal Code</i> Canadian federal law relating to gender identity

An Act to amend the Canadian Human Rights Act and the Criminal Code is a law passed by the Parliament of Canada. The law adds gender expression and gender identity as protected grounds to the Canadian Human Rights Act, and also to the Criminal Code provisions dealing with hate propaganda, incitement to genocide, and aggravating factors in sentencing.

The Saskatchewan Bill of Rights is a statute of the Canadian Province of Saskatchewan, first enacted by the provincial Legislature in 1947. It was the first bill of rights enacted in the Commonwealth of Nations since the original Bill of Rights enacted by the English Parliament in 1689. It was also the forerunner of modern human rights legislation in Canada.

References

  1. "Bill 33, Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012". Archived from the original on 2016-02-09. Retrieved 2022-09-19.
  2. Tunnicliffe, Jennifer (2013). "'Life Together': Public Debates over Human Rights Legislation in Ontario, 1975–1981". Histoire sociale/Social history. 46 (92): 443–470. doi:10.1353/his.2013.0062. ISSN   1918-6576. Project MUSE   534568.