Human Rights Code (Ontario)

Human Rights Code (Ontario)
Name	Human Rights Code (Ontario)
Legislature	Legislative Assembly of Ontario
Enacted	1962
Status	in force

Human Rights Code (Ontario) is a provincial statute enacted by the Legislative Assembly of Ontario to prohibit discrimination and to promote equal treatment within Ontario's public and private spheres. The Code interacts with federal instruments such as the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act, and decisions from tribunals and courts including the Supreme Court of Canada, the Ontario Court of Appeal, and the Federal Court of Canada. It is administered through administrative bodies influenced by jurisprudence from courts like the Divisional Court and appellate decisions arising from cases involving institutions such as the Royal Ontario Museum, the Toronto District School Board, and public employers including Ontario Power Generation.

History

The statute was first introduced following advocacy by organizations such as the Canadian Civil Liberties Association, the Ontario Human Rights Commission, and civil society actors that engaged with political figures including premiers like John Robarts and legislators from the Progressive Conservative Party of Ontario and the Liberal Party of Ontario. Early legislative debates drew on precedents from provincial statutes in British Columbia and federal initiatives led by the Trudeau Ministry and counsel influenced by legal scholars from the University of Toronto and the Osgoode Hall Law School. Throughout the 1970s and 1980s amendments were shaped by rulings from the Supreme Court of Canada, advocacy by unions such as the Canadian Union of Public Employees and rights groups like Amnesty International (Canadian Section), and by policy decisions from municipal bodies like the City of Toronto.

Scope and Provisions

The Code sets out prohibitions on discriminatory practices in employment, housing, services and facilities, and membership in trades or professions, affecting entities including Crown corporations like Liquor Control Board of Ontario and private employers such as RBC and Bell Canada. It establishes duties for educational institutions such as the University of Toronto and the Ontario Institute for Studies in Education, and applies to regulated sectors overseen by bodies like the Ontario College of Teachers and the Health Professions Regulatory Advisory Council. Provisions include obligations for accommodation under statutes that intersect with the Employment Standards Act, collective agreements negotiated by unions like the United Steelworkers, and human rights obligations that are interpreted in light of decisions from the Ontario Superior Court of Justice.

Protected Grounds and Protected Areas

Protected grounds enumerated in the Code echo categories litigated before courts including characteristics recognized in cases involving individuals from communities represented by organizations such as Black Lives Matter – Toronto and Rainbow Railroad. Grounds include age, ancestry, citizenship, colour, race, ethnic origin, disability, family status, marital status, sex, sexual orientation, gender identity, gender expression, and creed—issues litigated in tribunals where parties have included corporations such as Air Canada, institutions like McMaster University, and municipalities such as the Corporation of the City of Ottawa. Protected areas where these grounds apply encompass employment, housing, services and facilities, contracts, and membership in professional bodies including the Law Society of Ontario and the Royal College of Physicians and Surgeons of Canada.

Enforcement and Remedies

Enforcement mechanisms involve complaint filing, mediation, and adjudication with remedies that have been shaped by orders issued in matters involving employers like Tim Hortons, landlords associated with companies such as Metropolitan Toronto Housing Corporation, and service providers including Canadian Pacific Railway. Remedies available include reinstatement, monetary compensation for injury to dignity, and orders for policy changes, paralleling remedies fashioned in cases heard by the Court of Appeal for Ontario and influenced by jurisprudence from the Supreme Court of Canada and administrative precedents established by the Ontario Labour Relations Board. Procedural intersections with administrative law doctrines derive from decisions involving counsel from firms like Osler, Hoskin & Harcourt and public interest litigants represented by groups such as the Ontario Public Interest Research Group.

Human Rights Tribunal of Ontario

The Human Rights Tribunal of Ontario, created to hear Code complaints, operates alongside the Ontario Human Rights Commission whose policy work has been guided by commissioners appointed by the Lieutenant Governor of Ontario and Ministers from cabinets led by premiers like Kathleen Wynne and Doug Ford. Tribunal decisions can be judicially reviewed by the Divisional Court and appealed to the Court of Appeal for Ontario, and have considered evidence submitted by interveners including Canadian Civil Liberties Association and advocacy organizations such as the Canadian Centre for Victims of Torture. High-profile tribunal matters have involved parties like provincial agencies such as Ontario Works and institutions including the Metropolitan Toronto Police.

Amendments and Notable Cases

Key amendments over time have responded to litigation and public advocacy, including expansions influenced by rulings from the Supreme Court of Canada and legislative initiatives advocated by groups like the Canadian Bar Association (Ontario), as well as landmark cases involving employers such as Walmart Canada and educational bodies such as the Toronto Catholic District School Board. Notable decisions addressing sexual harassment, disability accommodation, religious freedom, and transgender rights have cited precedents from courts including the Supreme Court of Canada and appellate panels in the Court of Appeal for Ontario, with parties ranging from unions like the Canadian Union of Public Employees to civil liberties groups like Egale Canada.

Category:Ontario statutes