Transcript Shaheen-Azmi-CCLA-present.-Sept-24-2010

Protections for non-citizens
and Immigrants in the
Ontario Human Rights Code
Shaheen Azmi, Acting Director, Policy, Education, Monitoring, and
Outreach, Ontario Human Rights Commission
Who Belongs? Rights, Benefits, Obligations and Immigration Status
Canadian Civil Liberties Association
University of Toronto, Faculty of Law
Flavelle House (78 Queen’s Park Crescent West)
September 24, 2010
History
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Code emerged in context of discrimination faced largely
by newer immigrants in accessing services, employment
and housing and contracting
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1944 – The Racial Discrimination Act prohibits the publication or
display, on lands, premises, by newspaper or radio, of any notice,
sign, symbol, emblem or other representation indicating racial or
religious discrimination
1951 – The Fair Employment Practices Act added colour,
nationality, ancestry and place of origin to the grounds of
discrimination.
1955 the Fair Accommodation Practices Act added the social
area of accommodation
1962 Ontario Human Rights Code with subsequent amendments
adding new grounds such as citizenship, family status, receipt of
public assistance(1981)
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Broadly speaking
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Provincial statute – does not deal directly with
immigration status or regulation
Code’s objective is to protect the dignity and
equality rights of all persons and to eliminate
discrimination.
Non citizens and immigrants from any
country are afforded the same rights as any
Ontarian
with the exception of exemptions identified for
“citizenship”
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Freedom from Discrimination
The Code lists 5
social areas …
… and lists
grounds of
discrimination …
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social areas
 Services
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 Accommodation
 Contracts
 Employment
 Vocational Associations
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grounds
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race
ancestry
place of origin
colour
ethnic origin
citizenship
creed
sex / pregnancy
sexual orientation
age
marital status
family status
disability
receipt of public assistance
record of offence
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Code Grounds likely to be used
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Human rights concerns related to context of nonCitizens and newer immigrants most often relate to
following “race-related” grounds:
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Race
Colour
Creed
Ancestry
Ethnic Origin
Place of Origin
Citizenship (exception)
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Race
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Neither the Code or Tribunals have defined race
OHRC Policy and Guidelines on Racism and Racial
Discrimination provides framework for definition
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Key concept “racialization”
Other race related grounds can be subsumed by “race”
Non-citizens and immigrants may have many
concerns of discrimination in specified social areas
that relate to “racialization” of various identity
attributes including:
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skin colour, physical features, attire, religious practices,
language and accent, place of origin, ethnicity, etc.
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Colour
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Protection from discrimination and
harassment based on skin colour has wide
application for many non-citizens and
immigrants
Colour is a separate ground in the Code, but
is completely subsumed by “race”
Every “colour” ground complaint
accompanied by “race” ground complaint
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Interpretation of the Grounds - Creed
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Non-citizens and immigrants from minority
religious communities often exercise Code
protections based on ground of Creed
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Protects personal religious beliefs, practices or
observances, even if they are not essential
elements of the creed, provided they are sincerely
held
OHRC currently working on updated Policy
on Creed
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Ancestry/Ethnic Origin/Place of Origin
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Three grounds are undefined in the Code
Clearly employable in relation to origin outside of
Canada
Discrimination based on these a vital factor in
experience of non-citizens and immigrants
Have rarely been used relating to human rights of
citizens and non-immigrants
Potential exists for case law application and policy
development in support of human rights for noncitizens and immigrants
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Language
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Not a ground in Code
but OHRC Policy on Discrimination and
Language affirms that complaints based on
discrimination based on language or accent
can be filed as a subset of the grounds of
ethnic origin, place of origin, and ancestry
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Citizenship
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Discrimination based on citizenship prohibited
ground that may support human rights claims of
non-citizens and immigrants in Code covered social
areas
But, with significant exemptions:
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Canadian citizenship and/or immigration status required:
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By law
for the purpose of fostering and developing participation in
cultural, educational, trade union or athletic activities
qualification or consideration adopted by an organization or
enterprise for the holder of chief or senior executive positions.
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New Human Rights System in Ontario
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The OHRC no longer receives complaints
Complaints (now called applications) are now filed with
Ontario Human Rights Tribunal directly and applicants
can receive legal support from the Ontario Human Rights
Legal Support Centre
OHRC now focused on advancing human rights on level
of broader systemic issues
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What Can The OHRC Do
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OHRC functions and activities:
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legal interventions
Litigation of public interest applications to Tribunal
Public interest inquiry
policy development
Research
Public education and outreach
Monitoring of legislation and social trends
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 For
further information, please
go to the OHRC’s web-site at
www.ohrc.on.ca
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