Human Rights Law

Every person has the right to be treated with dignity and equality and to be free from discrimination in the areas protected by human rights law.

If you believe that you have experienced discrimination or harassment contrary to human rights legislation, Sahib Law can help you understand your rights, assess the circumstances of your case, and advise you about the legal remedies that may be available. Where appropriate, we can assist with the preparation of a human rights application and provide legal representation before the relevant tribunal or other decision-making body.

Human Rights in Ontario

In Ontario, the Human Rights Code protects individuals against discrimination and harassment based on specified protected grounds and in specified social areas.

The Code applies to important areas of everyday life, including:

Not every unfair or unpleasant experience constitutes discrimination under the Human Rights Code. Generally, there must be a connection between the adverse treatment experienced and one or more grounds protected by the Code.

Protected Grounds

Depending upon the particular social area and circumstances, the Ontario Human Rights Code provides protection against discrimination based on grounds that include:

Race
Colour
Ancestry
Place of origin
Ethnic origin
Citizenship
Creed
Sex
Sexual orientation
Gender identity
Gender expression
Age
Marital status
Family status
Disability
Record of offences, in employment where applicable
Receipt of public assistance, in accommodation where applicable

Discrimination in Employment

Human rights issues frequently arise in the workplace. An employer may have legal obligations relating to discrimination, harassment, accommodation, disability, religious or creed-related requirements, pregnancy, family status, and other protected characteristics.

Human rights concerns in employment may involve issues such as:

Discriminatory hiring or termination
Workplace harassment
Disability discrimination
Failure to accommodate disability
Religious or creed-based accommodation
Pregnancy-related discrimination
Discrimination based on race, colour, ancestry, ethnic origin or place of origin
Sex or gender-based discrimination
Sexual harassment
Age discrimination
Family-status discrimination
Reprisal for asserting human rights

The existence of a workplace disagreement or an unfair employment decision does not automatically establish a violation of the Human Rights Code. Each case must be considered on its particular facts and applicable law.

Disability and the Duty to Accommodate

Disability is an important area of human rights law. The Ontario Human Rights Code protects individuals against discrimination because of disability. Depending upon the circumstances, employers, service providers, landlords, and others may have a duty to accommodate disability-related needs to the point of undue hardship. Accommodation is highly fact-specific and may involve consideration of the individual's needs, the nature of the workplace or service, available accommodations, and other relevant circumstances. Human rights protection relating to disability may also extend to certain circumstances involving mental health disabilities and addictions.

Housing and Accommodation

Human rights protections also apply to housing. A landlord, housing provider, condominium-related decision-maker, or other person involved in accommodation may have obligations under human rights legislation.

Human rights issues in housing may involve:

Disability and accommodation
Race or ethnic discrimination
Family status
Marital status
Sex and gender
Sexual orientation
Gender identity or expression
Creed
Age, subject to applicable legal provisions
Other protected grounds

Human rights issues can sometimes overlap with landlord and tenant, condominium, contractual, or other legal matters. The appropriate legal remedy therefore depends upon the particular circumstances.

Human Rights Tribunal of Ontario

The Human Rights Tribunal of Ontario (HRTO) hears and decides applications alleging discrimination and harassment contrary to the Ontario Human Rights Code. Depending upon the case, the Tribunal may consider evidence from the parties, determine whether discrimination occurred, and order remedies available under the Code.

Potential remedies may include monetary compensation and non-monetary or public-interest remedies, depending upon the circumstances and the Tribunal's findings.

At Sahib Law, we can assist clients with matters involving:

Assessment of potential human rights claims
Preparation and filing of HRTO applications
Responses to human rights applications
Review and organization of documentary evidence
Preparation for mediation
Settlement negotiations
Preparation for hearings
Representation before the Human Rights Tribunal of Ontario
Other related human rights proceedings

Ontario Human Rights Commission

The Ontario Human Rights Commission (OHRC) has an important but different role from the Human Rights Tribunal of Ontario. The OHRC works to promote and advance human rights through activities that include developing policies, conducting public inquiries, undertaking research and education, and addressing broader or systemic human rights concerns.

Individual applications alleging discrimination under the Ontario Human Rights Code are generally brought before the Human Rights Tribunal of Ontario, rather than being decided by the Ontario Human Rights Commission.

Federal Human Rights Protection

Some matters fall within federal jurisdiction rather than Ontario's provincial human rights system. The Canadian Human Rights Act prohibits discrimination in areas falling within federal jurisdiction on grounds protected by that legislation. This may include matters involving certain federally regulated employers, businesses, organizations, and federal government services.

Federal human rights matters can involve institutions and industries such as federal government departments and agencies and certain federally regulated sectors. The appropriate forum for a human rights complaint depends upon the organization involved, the nature of the alleged discrimination, and whether the matter falls under federal or provincial jurisdiction.

The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms forms part of the Constitution of Canada and protects fundamental rights and freedoms. Among other protections, the Charter addresses:

An important distinction is that the Charter generally concerns government action. It does not ordinarily operate in the same way as human rights legislation in disputes involving purely private parties. Accordingly, a person's legal remedy may depend upon whether the matter involves government action, a provincially regulated organization, or a federally regulated organization.

International Human Rights

Human rights in Canada also exist within a broader international framework. The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948 and has had a significant influence on the development of international human rights principles.

The Declaration recognizes fundamental principles concerning equality, dignity, life and security, freedom from discrimination, freedom of thought and religion, freedom of expression, privacy, family life, education, work, participation in government, and other civil, political, economic, social, and cultural rights.

Canada is also a party to various international human rights instruments. The legal application and enforcement of international human rights principles within Canada depend upon Canadian constitutional and domestic law.

How Sahib Law Can Help

Human rights cases can involve difficult factual and legal questions. A person who has been treated unfairly may feel that their human rights have been violated, but determining whether there is a legal claim requires consideration of the applicable legislation, the protected ground, the area in which the conduct occurred, the evidence, and the available legal remedy.

At Sahib Law, we can:

Listen to your circumstances and assess the potential legal issues;
Determine whether the matter may fall within provincial or federal human rights legislation;
Identify the protected ground or grounds that may apply;
Advise you about available legal options;
Assist in gathering and organizing relevant evidence;
Prepare and file appropriate applications or other legal documents;
Assist with negotiations and settlement discussions;
Prepare clients for mediation or hearings; and
Provide legal representation in appropriate human rights proceedings.

Contact Sahib Law to arrange a consultation regarding your human rights matter.

Sahib Law Professional Corporation
North Etobicoke, Toronto, Ontario

Protecting dignity. Promoting equality. Providing professional legal representation.