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2. 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 2

3. 3 Human rights friendly space Accommodation as needed Speaking from the “I” perspective – not assuming that other group members share our view. Taking ownership 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

4.  Understand your rights under the Ontario’s Human Rights Code  Understand what you can do if your human rights have been violated 4

5.  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 5

6. 6 What are human rights?

7.  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 7

8.  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 on 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 8

9. 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) 9 AccommodationContractEmployment 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

10. 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. 10

11.  A defence to discrimination can be argued if the ‘violator’ has a reasonable explanation that is not discriminatory (costs, health, or safety concerns) 11

12.  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 or changes that are made to prevent someone with a disability being disadvantaged. 12

13.  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 13

14.  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 14

15.  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 15

16.  Human Rights Legal Support Centre – provides advocacy support, advice and representation Tel: 1-866-625-5179 Website: www.hrlsc.on.cawww.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/www.equalityrights.org/cera/ 16

17.  African Canadian Legal Clinic Tel: 1-888-377-0033 Website: www.aclc.netwww.aclc.net  ARCH Disability Law Centre Tel: 1-866-482-2724 Website: www.archdisabilitylaw.cawww.archdisabilitylaw.ca  Community Legal Clinics - Find your local legal clinic Tel: (416) 979-1446 Website: www.legalaid.on.cawww.legalaid.on.ca 17

18. 1. File a human rights complaint by application to the Human Rights Tribunal of Ontario within ONE year of the discrimination: 655 Bay Street, 14 th 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 18

19.  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 19

20. 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 20