Ontario Human Rights Code
Encyclopedia
The Human Rights Code of Ontario is a provincial law
in the province
of Ontario, Canada that gives all people equal rights
and opportunities without discrimination
in specific areas such as jobs, housing and services. The code's goal is to prevent discrimination and harassment because of race, colour, sex
, sexual orientation
, disability
, creed
, age
and other grounds.
and specific performance
to remedy discriminatory acts. The HRTO is subject to judicial review
by the Divisional Court of the Ontario Superior Court of Justice
.
.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in the province
Provinces and territories of Canada
The provinces and territories of Canada combine to make up the world's second-largest country by area. There are ten provinces and three territories...
of Ontario, Canada that gives all people equal rights
Equal rights
Equal rights can refer to:*Equality before the law, when all people have the same rights*Human rights, when such rights are held in common by all people*Civil rights, when such rights are held in common by all citizens of a nation...
and opportunities without discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
in specific areas such as jobs, housing and services. The code's goal is to prevent discrimination and harassment because of race, colour, sex
Sex
In biology, sex is a process of combining and mixing genetic traits, often resulting in the specialization of organisms into a male or female variety . Sexual reproduction involves combining specialized cells to form offspring that inherit traits from both parents...
, sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, disability
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, creed
Creed
A creed is a statement of belief—usually a statement of faith that describes the beliefs shared by a religious community—and is often recited as part of a religious service. When the statement of faith is longer and polemical, as well as didactic, it is not called a creed but a Confession of faith...
, age
Ageing
Ageing or aging is the accumulation of changes in a person over time. Ageing in humans refers to a multidimensional process of physical, psychological, and social change. Some dimensions of ageing grow and expand over time, while others decline...
and other grounds.
History
The code was one of the first laws of its kind in Canada. Before 1962, various laws dealt with different kinds of discrimination. The code brought them together into one law and added some new protections.Administration
The Human Rights Tribunal of Ontario is the administrative, quasi-judicial tribunal tasked with hearing complaints that the Code has been violated. It has the power to grant damagesDamages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
and specific performance
Specific performance
Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential...
to remedy discriminatory acts. The HRTO is subject to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
by the Divisional Court of the Ontario Superior Court of Justice
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
.
Content
The Code is divided into an introductory section, or "preamble", followed by five parts. Part I sets out basic rights and responsibilities. Part II explains how the code is interpreted and applied. Part III explains the role and structure of the commission and Part IV explains how the code is enforced. Finally, Part V deals with general matters such as the power to make regulations.Application
The Code does not apply to federally regulated activities, such as aeronautics and telecommunications, which are subject to the Canadian Human Rights ActCanadian Human Rights Act
The Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
.
See also
- Canadian Human Rights ActCanadian Human Rights ActThe Canadian Human Rights Act is a statute originally passed by the Parliament of Canada in 1977 with the express goal of extending the law to ensure equal opportunity to individuals who may be victims of discriminatory practices based on a set prohibited grounds such as gender, disability, or...
- British Columbia Human Rights CodeBritish Columbia Human Rights CodeThe Human Rights Code of British Columbia is a provincial law in the province of British Columbia, Canada that gives all people equal rights and opportunities without discrimination in specific areas such as jobs, housing and services...
- Quebec Charter of Human Rights and FreedomsQuebec Charter of Human Rights and FreedomsThe Charter of Human Rights and Freedoms is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975...
- Saskatchewan Bill of RightsSaskatchewan Bill of RightsIn 1947, a year before the United Nations General Assembly adopted the Universal Declaration of Human Rights, Saskatchewan passed into law a bill of rights which was, and continues to be, unique.-Features of the Bill:...
- Human rights in CanadaHuman rights in CanadaSince signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law...
External links
- Ontario Human Rights Code (full text)
- Ontario Human Rights Code at the Ontario Human Rights CommissionOntario Human Rights CommissionThe Ontario Human Rights Commission was established in the Canadian province of Ontario on March 29, 1961 to administer the Ontario Human Rights Code...
- Human Rights (Ontario) Legal Guide