Protected Grounds In Ontario
The term ‘protected ground’ is occasionally used in discussions related to human rights. The concept of protected grounds originates from Ontario’s Human Rights Code (the Code), which was established in 1962. At that time, it was the first Human Rights Code to be enacted in Canada.
This article will looks into the definition of a protected ground, provide an overview of the protected grounds recognized in Ontario, and discuss their implications for individuals.
What is a Protected Ground?
In Canada, everyone has the right to be free from discrimination. To protect this right, however, a clear definition of what discrimination actually is, including what constitutes it and its intended scope, must be properly understood and made available to the public.
Protected social grounds include the following:
- Ancestry, color, or race
- Ethnic origin
- Place of origin
- Family status
- Marital status (including single status)
- Gender identity or gender expression
- Receipt of public assistance (in housing only)
- Record of offenses (in employment only)
- Sex (including pregnancy and breastfeeding)
- Sexual orientation
What is a Protected Social Area?
A protected social area is a location, place, or situation that mandates and requires a certain level of tolerance or respect for an individual person’s attributes, characteristics, or traits that make up a protected ground. A person’s right not to be discriminated against can and will only be protected under the Code if the occurrence happens in this said protected space. Simply put, you cannot claim that you were discriminated against if a stranger merely comes up to you on the street and makes a derogatory or disrespectful comment, or if a family member does not respect one of the social grounds you identify with.
Protected social areas include:
- Accommodation (public housing)
- Goods, services, and facilities
- Membership in unions, trades, or professional associations
Goods, services, and facilities apply to places where you have the right to receive goods or services somewhere, or when you have a right to access the facilities. This includes:
- Stores, restaurants, and bars
- Hospitals and other healthcare providers
- Schools, universities, and colleges
- Public places such as recreation centers, public parks, washrooms, malls, etc.
- Services provided by municipal and provincial governments
- Services provided by insurance companies
- Classified ads in newspapers
What are some examples of discrimination under the Code?
Examples of discrimination under the Ontario Human Rights Code might include:
- An employer choosing not to hire someone due to their disability (disability)
- A worker repeatedly harassed a coworker due to the color of their skin (race)
- Someone being fired for being pregnant and wanting to take pregnancy leave (sex)
- Someone not receiving an apartment because they receive social assistance (a receipt of public assistance)
- A doctor refusing to treat someone because of their religion (creed)
- Someone being denied housing because they have children (family status)
- Someone refusing to sign a contract to buy a house with another person because they are gay (gender identity and expression)
- As well as many more
How can I prove that I have been discriminated against?
If you want to establish that you have been discriminated against under the Ontario Human Rights Code, you must prove:
- That you have a characteristic that is a protected ground under the Human Rights Code (such as sex, gender identity, race, etc.);
- That the adverse treatment that you experienced was within a protected social area (for example, at work or when trying to access a social service); and
- The adverse treatment that you received was due to your protected ground.
To file a Human Rights Application based on discrimination, you must be at least 18 years of age. If a child under the age of 18 has experienced discrimination, their parent or guardian can file an application on their behalf.
You will not be able to claim that you were discriminated against if you cannot connect the adverse treatment you experienced to a protected ground. This includes situations where you may feel that you were treated differently simply because of a personality clash or a disagreement with someone. Your claim will need sufficient supporting evidence.
What Do I Do If I Feel I Am Being Discriminated Against?
If you feel you are being discriminated against, you should contact a human rights lawyer to discuss the situation and try and resolve the matter. They will also be able to advise if an application should be filed with the Human Rights Tribunal of Ontario (HRTO), or if the matter would fall under federal jurisdiction. If it is appropriate to do so, you can bring your issue in front of the HRTO and seek compensation for harm suffered. A good human rights lawyer can help advise on the path to take to see the best outcome for your matter.
What Measures Can Be Taken to Proactively Prevent Human Rights Abuse?
One crucial aspect to consider is establishing clear and easily accessible guidelines that are readily visible to everyone. These guidelines should encompass matters related to human rights and the equitable treatment of all individuals. When you ensure these rules are easily available and visible, you are emphasizing the significance of upholding the rights of everyone involved. This initiative extends beyond addressing issues; it also entails cultivating an atmosphere of inclusivity and respect. By taking these proactive measures, you’re demonstrating a genuine commitment to promoting fairness and parity for all parties concerned.
If you have further questions about creating policies or employee relations, be sure to reach out to a human rights lawyer for advice and tips for comprehensive workplace policies.
Under Ontario’s Human Rights Code, people cannot be discriminated against based on any of the protected grounds listed above if the occurrence is within a protected social area. If you are concerned that you have experienced discrimination based on a protected ground, make sure to reach out to a qualified human rights lawyer at Achkar Law for help.
Contact Achkar Law
If you are experiencing discrimination in any of the protected social areas, our team of experienced discrimination lawyers at Achkar Law can help.
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