Ruling (.pdf) - International Center for Law and Religion Studies

take steps to justify why gays and lesbians should be excluded from holding particularpositions. The Commission argued, and I have found, that Christian Horizons does notmeet the terms of the section 24(1)(a) exemption. Having so found, there is noauthority to permit Christian Horizons to continue to apply the discriminatory policy atcertain residences even if it can establish a reasonable and bona fide requirement forparticular jobs.[275] Also, the request that I order Christian Horizons not to impose terms andconditions of employment that govern conduct in employees’ personal lives is overlybroad and would cover conduct not protected by the Code. Further, the Commissionasks that Christian Horizons undertake a review of its job requirements and report to theMinistry of Community and Social Services. The Ministry was not a party in theseproceedings. It made no representations and took no positions on any issue in thiscase. There was no request by the Ministry for any order arising from theseproceedings.2008 HRTO 22 (CanLII)[276] Remedial orders must flow from the violations found by the Tribunal. Theyshould be broad, creative and effective. They must be targeted at removing thediscrimination found and preventing future violations. But for remedies to be trulyeffective in achieving the goals of human rights legislation, they must make sense in thecircumstances. Remedies that simply make grand statements or impose requirementsthat cannot be achieved will not eradicate discrimination and remove barriers to equalaccess. This is not to say that only remedies that are easily achieved at little or no costto a respondent are appropriate. To the contrary, where a remedy will be effective inachieving equality and the protection of human rights, human rights tribunals should nothesitate to make orders that require significant policy or operational changes, theadoption of particular programs, or measures that carry a heavy price tag. The object ofthe remedial order is to remove discrimination in a real, meaningful, effective and timelyway.83