What is discrimination? - Your Legal Rights

Developed by: Hamilton Community Legal Clinic
Clinique juridique communautaire de Hamilton
Funding: Law Foundation of Ontario
Presented by: Maria Antelo and Rani Khan
Presentation for: CLEO Net Webinar
Date: December 19, 2012

“All human beings are born free
and equal in dignity and rights”
Universal Declaration of Human Rights
United Nations 1948

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

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.

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.

Ontario’s Human
Rights Code

Ontario's Human Rights Code
The Code protects people in Ontario
against discrimination.
- Foundations of the Code
- Where the Code came from
- Preamble

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
prohibited ground)

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.

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

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. ”

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
Ontarians enjoy freedom from
discrimination in 5 areas, called
'social areas‘:
• employment
• accommodation
• services
• goods & facilities
• membership in vocational
associations & trade unions

What is discrimination
Prohibited Grounds of Discrimination
PART 1 of the Code lists the grounds of discrimination — you
cannot tdiscriminate i i against another person or group of people
because of their:
• Sexual orientation •Colour
• 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

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

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
Discrimination can be direct, indirect, systemic or
can look like reprisal, a poisoned environment,
harassment or racial profiling.

Ontario’s Human
Rights System

Ontario's Human Rights System
Ontario’s Human Rights System is made up of
three organizations:
Applicant
OHRC
HRLSC
HRTO

Ontario's Human Rights System
Ontario’s Human Rights System is made up of
three organizations:
1. The Ontario Human Rights
Commission i (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

Questions

Human Rights Application

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

Human Rights Application
Human Rights Application:
Prohibited Ground of
Discrimination + Social Area +
Adverse treatment + Connection to
Prohibited Ground

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

Human Rights Application
Process of filing an application
Draft Application
You, HRLSC
Send to Human Rights Tribunal of Ontario
Response
Reply
Mediation
Disclosure
6-8 months
Hearing
12 to 16
months

Questions

Remedies
Human
Rights

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”

Where to get help

Where to get help
www.hrlsc.on.ca
1-866-625-5179
625 5179
• Free service to applicants
• information, advice, representation
• Obligation to serve all of Ontario
• Lawyers and paralegals

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/ on • Information to help you understand
and exercise your legal rights in
Ontario

Where to get help
Website: www.hamiltonjustice.ca
j
Twitter: @HamiltonJustice
Facebook:
www.facebook.com/HamiltonJustice

Questions

What did I learn today

Thank you for your attention.