Recorded on December 19, 2012 - This webinar, presented in partnership by the Human Rights Legal Support Centre and Hamilton Community Legal Clinic, provides an overview of the Human Rights Code, highlighting the grounds and social areas which the Code applies to, exceptions to the Code, and remedies available under the Code. It acquaints listeners with the Human Rights System in Ontario and describes the Human Rights Tribunal of Ontario's process. Watch this webinar at: http://yourlegalrights.on.ca/webinar/discrimination-against-law-primer-human-rights-law-ontario

1. 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

2. “All h b i b f“All human beings are born free
and equal in dignity and rights”
U i l D l ti f H Ri htUniversal Declaration of Human Rights
United Nations 1948

3. AgendaAgenda
1. Ontario Human Rights Code (OHRC)
2. What is discrimination?
• Social areas
• Grounds
3. Exceptions to the Code
O S4. Ontario Human Rights System
5. Human Rights Application
How to file an application?• How to file an application?
6. Remedies
7 Where to get help?7. Where to get help?

4. 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
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.

5. Pre-Quiz: True of false?
4. At the library, a man sitting near me
says he doesn’t like blacks and that Iy
should move away. If I tell the
librarian she can tell him to stop.
5 A landlord can refuse to show me5. A landlord can refuse to show me
and my boyfriend the apartment
because we are a gay couple.g y p

6. Ontario’s HumanOntario’s HumanOntario s HumanOntario s Human
Rights CodeRights Code

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

8. What is discrimination?What is discrimination?

9. 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
hibit d d)prohibited ground)

10. What is discrimination?
Discrimination
can target one person- can target one person;
- can target a group;
- can be hard to see or it can
be part of a system.

11. 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

12. 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.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 ”says Sorry. It s only for working people.

13. 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.

14. What is discrimination?
Harassment:
Comments or Conduct that are
unwelcome to you

15. Questions?

16. What is discrimination?
Social Areas – where is
discrimination prohibited?discrimination prohibited?
Ontarians enjoy freedom from
discrimination in 5 areas, called
' i l ‘'social areas‘:
• employment
• accommodation
• services
• goods & facilities• goods & facilities
• membership in vocational
associations & trade unionsassociations & trade unions

17. What is discrimination?
Prohibited Grounds of Discrimination
PART 1 of the Code lists the grounds of discrimination — you
t di i i t i t th f lcannot discriminate against another person or group of people
because of their:
• Sexual orientation •Colour
• Family status
• Marital status
• Age
•Colour
•Ancestry
•Place of origin
•Citizenship
• Receipt of public
assistance
(Note: This ground
applies only to claims
•Ethnic origin
•Disability
•Creed
•Sex, including sexualapplies only to claims
about housing.)
• Record of offences
(Note: This ground
li l t l i
Sex, including sexual
harassment, pregnancy,
and gender identity,
gender expression
A i ti / l ti hiapplies only to claims
about employment.)
•Association/relationship
with any of the above

18. What is discrimination?
Exceptions to the Code
PART 2 of the Code lists some exceptions to the Code— you canPART 2 of the Code lists some exceptions to the Code you can
differentiate between people or groups in some instances:
• Special Programsp g
• 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• Restricting facilities based on gender due to public
decency
• Minimum drinking/smoking ages
• Housing where bathroom/kitchen is shared with landlord
• Insurance contracts

19. Questions?

20. I learned…
Th O t i H Ri ht C d f• 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 discriminationwithout discrimination.
• Discrimination can take many forms. It can be
against one person or a group of people It can hardlyagainst 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 orDiscrimination can be direct, indirect, systemic or
can look like reprisal, a poisoned environment,
harassment or racial profiling.

21. Ontario’s HumanOntario’s Human
Rights SystemRights SystemRights SystemRights System

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

23. Ontario's Human Rights System
Ontario’s Human Rights System is made up of
three organizations:
1.1. The Ontario Human RightsThe Ontario Human Rights
C i i (OHRC)C i i (OHRC) d ld l
three organizations:
Commission (OHRC)Commission (OHRC) developsdevelops
policies, provides public educationpolicies, provides public education
2.2. The Human Rights Legal SupportThe Human Rights Legal Support2.2. The Human Rights Legal SupportThe Human Rights Legal Support
Centre (HRLSC)Centre (HRLSC) provides free legalprovides free legal
assistance to people living in Ontarioassistance to people living in Ontario
3 Th H Ri h T ib l f3. The Human Rights Tribunal of
Ontario (HRTO) where all human rights
applications are filedpp

24. Questions?

25. Human Rights ApplicationHuman Rights Application

26. Human Rights Application
Challenging DiscriminationChallenging 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• File a human rights application

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

28. Human Rights Application
How do you know if you have a valid human
rights claim?
Ask yourself:
rights claim?
Ask yourself:
- Did the problem happen in one of the five social
areas?
Is one or more of the prohibited grounds involved?- 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?you experience barriers to participation?
- Is your human rights claim believable?
- What impact did the problem have on you?

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

30. Questions?

31. RemediesRemedies
Human
RightsRights

32. Remedies
What types of remedies can the Tribunalyp
order?
There are three types of remedies the Tribunal can order ifThere 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”

33. Where to get helpWhere to get helpWhere to get helpWhere to get help

34. Where to get help
www.hrlsc.on.ca
1 866 625 51791-866-625-5179
• Free service to applicants
• information advice representation• information, advice, representation
• Obligation to serve all of Ontario
• Lawyers and paralegalsLawyers and paralegals

35. Where to get help
Useful links
CERA
http://www equalityrights org/cera/http://www.equalityrights.org/cera/
• Centre for Equality Rights in
AccommodationAccommodation
YOUR LEGAL RIGHTS
http://yourlegalrights on ca/http://yourlegalrights.on.ca/
• Information to help you understand
and exercise your legal rights inand exercise your legal rights in
Ontario

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

37. Questions?

38. What did I learn today?What did I learn today?

39. Thank you for your attention.