1 1. Welcome, Group Guidelines, Introduction 2. Your Human Rights - - PowerPoint PPT Presentation

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• 1. Welcome, Group Guidelines, Introduction
• 2. Your Human Rights in Ontario
• 3. Where to Get Help
• 4. Break
• 5. Case Studies
• 6. Questions
• 7. Evaluation

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• Human rights friendly space
• Accommodation as needed
• Speaking from the “I” perspective – not assuming

that other group members share our view. Taking

• wnership for our own words
• Respectful speaking
• Confidentiality
• Keeping personal stories personal or brief – not

enough time in group and weakens your ability to preserve your confidentiality e.g. with health care professional/with Dr./counsellor

• Preferred gender pronouns

 Understand your rights under the Ontario’s Human

Rights Code

 Understand what you can do if your human rights

have been violated

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 This presentation contains legal information for

educational purposes and not legal advice

 Please contact a lawyer or paralegal if you need

legal advice for a particular situation

 If you have low income and need legal advice

about human rights, there are free legal services you that you may be eligible for

• See slides 16-17 for more information

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What are human rights?

 Human rights are rights inherent to all human

beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status

 We are all equally entitled to our human rights

without discrimination

 These rights are all interrelated, interdependent

and indivisible

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 Discrimination means treating people negatively, or worse

because of certain factors

• Example: Denying someone a benefit, excluding someone

from an opportunity, and/or imposing a different obligation

• n someone

 Discriminatory treatment includes

• Inactions or inactions with or without intent to treat unfairly
• Direct discrimination - The action itself is discriminatory
• Indirect/adverse discrimination - The action or policy

treats everyone the same, but it has a worse effect on some people

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• Citizenship
• race
• place of origin
• ethnic origin
• colour
• ancestry
• disability
• age
• creed
• sex/pregnancy
• family status
• marital status
• sexual orientation
• gender identity
• gender
• expression
• receipt of public assistance (in housing)
• record of offences (in employment)

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Accommodation Contract Employment Goods, Services, and Facilities Membership in unions, trade, or professional associations

• All Ontario laws must follow this Code
• It protects you from discrimination in five protected social areas – based on one or more

grounds

Grounds Protected Social Areas

To establish discrimination under the Code,

1.

You have a quality that is a protected ground listed in the Code;

2.

You were treated negatively because of the protected ground; and

3.

This negative treatment happened in a protected area listed in the Code.

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 A defence to discrimination can be argued if the

‘violator’ has a reasonable explanation that is not discriminatory (costs, health, or safety concerns)

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 If you are a person with a disability, you may

require accommodations so that you are not discriminated against.

 What is accommodation?

• Accommodations are things that are put in place
• r changes that are made to prevent someone

with a disability being disadvantaged.

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 Accommodation must be for your own personal needs  You will likely have to ask for the accommodations  You might need to help someone understand what you

need

 You do not have to tell what your disability is but you might

need a medical professional to explain your accommodation needs

 Accommodations should be provided in a timely manner

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 Someone can only refuse to make the changes

that are needed to accommodate you if they can show it would cause “undue hardship”

 Undue hardship may include:

• Health and safety risk
• It would change the nature of the job
• Too costly – it would be impossible to pay the costs

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 Write everything down!  Keep all relevant documents you have  Have witnesses (friends, family, or strangers!) present

if you can when speaking to the other side

 If you require medical or other health related

assistance, seek help

 Take pictures/videos  Get legal advice about your options

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 Human Rights Legal Support Centre – provides

advocacy support, advice and representation Tel: 1-866-625-5179 Website: www.hrlsc.on.ca

 Centre for Equality in Accommodation – provides

legal support with discrimination related to housing Tel: (416) 944-0087 Website: www.equalityrights.org/cera/

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 African Canadian Legal Clinic

Tel: 1-888-377-0033 Website: www.aclc.net

 ARCH Disability Law Centre

Tel: 1-866-482-2724 Website: www.archdisabilitylaw.ca

 Community Legal Clinics - Find your local legal

clinic Tel: (416) 979-1446 Website: www.legalaid.on.ca

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• 1. File a human rights complaint by application to the Human Rights Tribunal of

Ontario within ONE year of the discrimination: 655 Bay Street, 14th floor Toronto, ON M7A 2A3 Phone: 416-326-1312 or 1-866-598-0322 www.sjto.gov.on.ca/hrto/contact/

• 2. The alleged violator will have a chance to reply to your claim
• 3. You will have a “mediation” with the violator or their representative
• 4. If mediation does not fix the problem you will have a hearing. Testimony at hearing

may take credibility into consideration. You must prove that, ‘on a balance of probabilities’, you experienced discrimination

• 5. If the Ontario Human Rights Tribunal agrees that there is discrimination, they can give

you compensation/remedy for the breach of your right

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 Public Interest Remedies

• Example - training for your employers (ordered in 75% of settlements)

 General Damages for Injury to Dignity, Feelings and Self Respect

• Determined based on the effect on you, the seriousness, and how often the offensive

treatment occurred

 Restitution

• Example - getting your job back

 Interest

• Example - awards for lost wages

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Rosa Tavares, Legal Program Assistant 416-864-6060 ext. 77235 tavaresr@lao.on.ca Johanna Macdonald, Onsite Lawyer Tel : (416) 864-3005 macdonaj@lao.on.ca

• St. Michael’s Hospital Academic Family Health Team

80 Bond Street, Lower Level Rosa and Johanna can also be reached at : ARCH Disability Law Centre 425 Bloor Street East, Ste. 110 Tel : (416) 482-8255 or 1-866-482-2724 ext. 227 TTY : (416) 482-1254 or 1-866-482-2728 www.archdisabilitylaw.ca

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