The Ontario Human Rights Code is one of the earliest human rights codes in Canada. It goes back a few decades now but in June 2008 major changes were made to it to more effectively provide a human rights system in Ontario. The system now contains three essential parts: (1) the Human Rights Tribunal of Ontario, (2) the Human Rights Legal Support Centre, and (3) the Ontario Human Rights Commission.
The main section of the Code is entitled “Freedom from Discrimination.” Every person in Ontario has a right to equal treatment, without discrimination, because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, gender, sexual orientation, age, marital status, family status, or disability. The right to equal treatment applies to services and goods you receive, as well as to facilities you use. Services provided by stores or restaurants, for example, are to be free from discrimination, as well as facilities such as public parks and recreation centres. The right to equal treatment also applies to “the occupancy of accommodation.” This term refers to housing. There can be no discrimination in regard to renting an apartment or the buying or selling of a home or the use of a common swimming pool. The other important area under the Code is the right to equal treatment with respect to employment. “Employment” is a broad term in the Code. It covers anything from applying for a job to dismissal from a job. It covers employees, independent contractors, and even volunteers.
If you think that one of your rights under the Code has been violated, you may file an application with the Human Rights Tribunal of Ontario to determine the complaint. The Human Rights Legal Support Centre may assist you with the Tribunal application, including legal representation at a hearing of the complaint. The role of the Ontario Human Rights Commission, the third essential part of the human rights system in Ontario, focuses on the broader aspect of developing policies to eradicate the roots of discrimination. In discrimination matters affecting the public generally, the Commission may bring its own application to the Tribunal or seek to intervene in an individual’s application before the Tribunal when the broad public interest may be affected.
Aside from an individual’s application to the Tribunal, the prosecution of a person for an infringement of a right under the Code is permitted with the consent of the Attorney General. Upon conviction, the person is liable to a fine up to a maximum of $25,000.
