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In search of a home The OHRC continued to work to eliminate discrimination in housing. As in previous years, we worked with some municipalities, challenged others, sent our housing message across Ontario through public education sessions and speeches by the Chief Commissioner, and called on the Ministry of Municipal Affairs and Housing to expand a human rights focus in Ministry policy guidelines. We also took a closer look at rental housing licensing through public interest inquiries. Commenting on the “blueprint” for municipalities Every five years, Ontario’s Ministry of Municipal Affairs and Housing (MMAH) updates its Provincial Policy Statement (PPS) on land use planning. The PPS outlines expectations and provides guidance for municipalities on the Planning Act. This review is currently underway. The PPS is the blueprint for municipalities to follow. Adding a human rights lens can lead to significant systemic improvements – before any discrimination can happen. In November 2012, the OHRC commented for the second time on this review. We were pleased to see proposed amendments in the PPS that respond to our original comments, along with other amendments that advance human rights protections. Positive changes include: ✦✦Recognizing the importance of consulting with Aboriginal communities on planning matters that may affect their rights and interests ✦✦Including “affordable housing” as part of the mix that sustains healthy, liveable and safe communities ✦✦Continuing to recognize the need to improve accessibility for persons with disabilities ✦✦Stating that planning authorities should consider the interests of Aboriginal communities in conserving cultural heritage and archaeological resources ✦✦Implementing the PPS in a way that recognizes and affirms existing Aboriginal and treaty rights ✦✦Redefining “built heritage resources” and “cultural heritage landscape” to recognize that such features may be valued by Aboriginal communities. Some of the key barriers that we see when people call us trying to find housing are landlords’ stereotypes about people who are low income and receiving social assistance … Families with children and particularly families, larger families with children, have a very difficult time accessing housing. Either they have too many kids for the apartment or the landlord is concerned about the noise their children will make and won’t rent to them. – John Fraser, former Executive Director, Centre for Equality Rights in Accommodation 30 Ontario Human Rights Commission • 2012-2013 Annual Report
While these are positive changes, we noted significant gaps in the PPS. The PPS still lacks overall recognition of human rights and recognition that land use planning can result in discrimination against many groups protected under the Code who, historically and on an ongoing basis, face discrimination as well as socio-economic disadvantage. As well, the PPS does not provide enough direction to address human rights matters found in land use planning and related litigation. The OHRC has been challenging discriminatory land use planning involving discriminatory neighbourhood opposition (also called NIMBYism); bylaws requiring minimum separation distances between group homes, lodging houses or other housing; and other forms of “people zoning” including restrictions on methadone health clinics or student housing that exclude groups because of disability, age and other Code grounds. While the OHRC continues to be actively involved in cases with municipalities at the Human Rights Tribunal of Ontario and the Ontario Municipal Board, using legal forums is not our first choice to overcome discriminatory planning and zoning bylaws. By the time a case goes to a tribunal or court, the damage to the people wanting to live in a neighbourhood or community is already done. Instead, our goal is to prevent the damage from happening in the first place. Making the connection between human rights and planning is a relatively new concept for many municipalities. So reflecting human rights requirements in the place municipalities look first – the PPS – is vital. Over the past year, we worked to put In the zone, our guide to human rights and municipal planning, into the hands of municipalities, planners and advocates. This guide offers municipalities information about their legal obligations and best practices they can apply when making zoning and planning decisions. It also shows municipalities how to further human rights by using tools that they already have to support and increase affordable housing, such as those set out in the Ministry’s handbook, Municipal Tools for Affordable Housing. The Ministry handbook complements In the zone, but it would be even more valuable if it also outlined municipalities’ human rights obligations. Our detailed recommendation on the PPS can be found on our website at http://www.ohrc.on.ca/en/ mmah-provincial-policy-statement-review-land-useplanning-ohrc-submission Promoting and protecting human rights are a key part of building strong communities, a clean and healthy environment and a strong economy. We hope for a new PPS that incorporates human rights goals, so that the Province of Ontario works with us to advance the housing – and human – rights of all Ontarians. Looking at Toronto zoning We continued our intervention in an HRTO case, where the Dream Team, a group of people living with mental health issues, is challenging the City of Toronto’s minimum separation distance requirements for group homes. To reinforce this, we commented on the City’s new amalgamated zoning bylaw several times, including in a deputation to the City’s Planning and Growth Management Committee. We are concerned that both the old and the new bylaws fall short of both the Code and the City’s own Housing Charter, because they: ✦✦Retain a requirement for minimum separation distances between group homes ✦✦Do not allow rooming houses in most parts of Toronto. Ontario Human Rights Commission • 2012-2013 Annual Report 31
Page 1: OntariO Human rigHts COmmissiOn Rig
Page 5 and 6: Contents Meet our Commissioners ...
Page 7 and 8: Larry McDermott - Lanark - Appointe
Page 9 and 10: they must eliminate racial profilin
Page 11 and 12: Competing human rights - new guidan
Page 13 and 14: So you know, one of my more surpris
Page 15 and 16: The next step: changing the rules T
Page 17 and 18: Now a landlord cannot say this open
Page 19 and 20: Only in Canada? Looking at “Canad
Page 21 and 22: interest remedies, including bringi
Page 23 and 24: Windsor Police Project reaches two-
Page 25 and 26: Recurring themes Members have raise
Page 27 and 28: Opening courtrooms to Khalsa Sikhs
Page 29 and 30: Aboriginal issues: from human right
Page 31 and 32: Improving accessibility out of door
Page 33: Working together: free online train
Page 37 and 38: Rental housing licensing inquiries
Page 39 and 40: in September 2012, it outlines what
Page 41 and 42: Tillsonburg: use a human rights len
Page 43 and 44: Photo by Doug Glynn, The Free Press
Page 45 and 46: Eliminating racial discrimination O
Page 47 and 48: Sending our message to the media A
Page 49: Financial Position as at March 31,

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