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Human Rights in Canada

Human Rights in Canada. The Ontario Human Rights Code (“the Code”) Originally drafted in 1961. Specifically protects everyone from discrimination and harassment in Ontario. All legislation in Ontario must be consistent with provision in the Code. Human Rights Legislation in Ontario. WHY?.

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Human Rights in Canada

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  1. Human Rights in Canada

  2. The Ontario Human Rights Code (“the Code”) Originally drafted in 1961. Specifically protects everyone from discrimination and harassment in Ontario. All legislation in Ontario must be consistent with provision in the Code. Human Rights Legislation in Ontario

  3. WHY? To fight against certain groups being disadvantaged in society by systematic discrimination. The main groups are: • Women • Visible Minorities • Aboriginals • Persons with Disabilities

  4. Scope and Grounds of Discrimination Equal rights apply specifically to 5 areas under the Code as follows: • Access to services, goods, and facilities • Accommodation • The Right to Contract • Employment • Occupational Associations

  5. Enumerated Grounds are Key! • Discrimination only occurs if it is on a prohibitive ground i.e. - “No Shirt, No Shoes, No Service” Too Bad - We Don’t Care

  6. A Common Example: Discrimination on the Basis of Sex Discrimination on the basis of sex can take one of two forms: • Direct Discrimination – involves a practice or behaviour that is overt and clearly discriminatory. • Adverse-Effect Discrimination – involves a requirement or standard that may appear neutral but is, in fact, discriminatory in effect.

  7. The “Bona Fide Occupational Qualification” Defence (BFOQ)will allow indirect discrimination if it is a legitimate job requirement

  8. The BFOQ Defence 3-Pronged Test Based on the Meiorin Case (1)  ER adopted the standard for a purpose rationally connected to the performance of the job; (2)  ER adopted the standard in an honest & good faith belief that it was necessary to the fulfillment of that legitimate work-related purpose; and (3)  The standard is reasonably necessary to the accomplishment of that legitimate work-related purpose.

  9. BFOQ continued It must be demonstrated that it is impossible to accommodate individual employees sharing the characteristics of the claimant without imposing undue hardship upon the employer. Undue Hardship – usually means with respect to cost implications and/or safety implications.

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