Action!

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