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Ontario|Human RightsHuman Rights 829 Human rights laws: Overview Human rights laws attempt to ensure that the dignity and worth of each person, however different, is recognized, and that decisions based on fairness and mutual respect are promoted.
Human rights laws prohibit discrimination and harassment based on certain characteristics in certain situations. These characteristics are called "prohibited grounds". There are 15 prohibited grounds: 1) race 2) ancestry 3) place of origin 4) colour 5) ethnic origin 6) citizenship 7) religion or creed 8) gender 9) age 10) handicap or disability 11) sexual orientation 12) marital status 13) family status; and in some cases 14) criminal record and 15) receipt of public assistance. The 5 main situations or social areas in which discrimination and harassment are prohibited are in 1) employment, 2) accommodation, 3) the provision of services, goods and facilities, 4) contracts and 5) membership in a trade union or vocational association.
Generally, discrimination and harassment can only be dealt with through the complaint mechanisms of human rights commissions or, in the case of unionized employees, through the grievance arbitration process. Courts do not have jurisdiction to deal with discrimination or harassment, although courts may award greater damages if such conduct can be proven in connection with another legal wrong.
Human rights laws are passed by both the provincial and federal levels of government. The Ontario Human Rights Code is the main provincial anti-discrimination law. If, however, a federal entity, such as a bank or airline, is involved, the federal law called the Canadian Human Rights Act applies. The Canadian constitution requires all levels of government to pass laws and enforce them without discrimination on certain prohibited grounds.
There are other laws which deal with human rights as well. For instance, the Criminal Code makes it a crime to spread hate propaganda against an identifiable group. The Criminal Code also provides for greater penalties where a crime is motivated by hatred of a particular group. The Ontario Employment Standards Act contains certain provisions prohibiting discrimination based on sex and age.
For further information or advice, you can contact the Ontario Human Rights Commission listed on the Legal Line Guide and website. For legal advice, you should consult a lawyer.
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