HUMAN RIGHTS IN ONTARIO …AND WHAT TO DO IF YOURS ARE VIOLATED By Laura Kirby-McIntosh, O.C.T © For instructional / training purposes only Do not reproduce without permission

What we’ll learn in this presentation 1.What is the difference between stereotyping, prejudice and discrimination? Why does it matter? 2.What’s the difference between violations of the Criminal Code, the Human Rights Code, and the Charter of Rights and Freedoms? 3.What’s in the Human Rights Act? 4.How to file a claim and how a case moves through the system 5.Data on Human Rights Cases in Ontario 6.Intersectionality

THESE THINGS ARE NOT THE SAME:  Stereotyping (ignorant, but legal)  Prejudice (even more ignorant, but still perfectly legal)  Discrimination (not okay! And illegal!)

STEREOTYPING  Having an oversimplified, standardized, or fixed judgment of a group of people.  Ex : All ______people are dangerous.

PREJUDICE  A preconceived opinion based on a stereotype or inadequate information  Ex : I don't like ________ people because they’re dangerous.

DISCRIMINATION  Making a distinction between people and treating them differently on a basis other than individual merit.  Ex : We won't hire ________people at our company because we think they’re dangerous.

INSTITUTIONALIZED DISCRIMINATION  The government passes laws restricting the rights of an excluded group.  Example : ________ people must live in separate areas from everyone else.  So what’s the next logical step in this scenario? (Where will stereotyping and prejudice lead when taken to the extreme?)

GENOCIDE  The systematic extermination of a group of people  Ex. All _______ people are to be killed.

Why this matters

HELP! I THINK I’VE EXPERIENCED DISCRIMINATION! SHOULD I CALL THE COPS? Well, not necessarily. Different types of injustices go to different parts of the justice system. It depends who or what caused the discrimination: an individual, a law, a company, or a government.

Slim McShady meets an old rival in an alley. During their confrontation, he punches him and says “I’m gonna kill you, sucka!” He is arrested for assault and uttering a death threat. James Keegstra challenges what’s actually IN the Criminal Code provisions on “promoting hatred,” saying that they violate his right to freedom of expression under the Charter. Slim McShady pays his employees of one religion or gender less than all of his other employees.

THE ONTARIO HUMAN RIGHTS CODE 1.The five protected areas 2.The prohibited grounds of discrimination 3.The three parts of the Ontario Human Rights System 4.The process for filing a claim

Areas Covered by the Code  Employment  Housing / Accommodation  Goods & Services  Facilities  Contracts  Vocational Associations / Trade Unions

Prohibited Grounds of Discrimination 1.Race 2.Colour 3.Ancestry 4.Creed (religion) 5.Place of Origin 6.Ethnic Origin 7.Citizenship 8.Sex (including pregnancy, gender identity) 9.Sexual Orientation 10.Age 11.Marital Status 12.Family Status 13.Disability 14.Receipt of Public Assistance

The Ontario Human Rights Commission works to promote, protect and advance human rights through research, education, targeted legal action and policy development. The Human Rights Legal Support Centre gives legal help to people who have experienced discrimination under the Code. The Human Rights Tribunal is where human rights applications are filed and decided.

FILING AN APPLICTION 1.Do I have a case? 2.What’s the process like? 3.How long will it take?

Do I have a valid human rights claim?  Did the problem happen in one of the five social areas?  Is one or more of the prohibited grounds involved? Is one or more of the prohibited grounds involved? (such as race, disability, age or sex?)  Were you treated differently from other people?  Did you experience barriers to participation?  Is your human rights claim believable?  What impact did the problem have on you?

How a Case Moves Through the System

BY THE NUMBERS Data about Human Rights Cases in Ontario

Areas

Grounds

KEY POINTS  The vast majority of human rights cases involve discrimination at work; AND  The most frequently cited ground of discrimination is disability.

INTERSECTIONALITY It’s a really big word, but it’s an even bigger idea

It’s the space where multiple forms of oppression collide

SO WHAT? NOW WHAT?  So now you know the difference between stereotyping, prejudice and discrimination  Now you know what to do if you experience discrimination  You know about the Ontario Human Rights tribunal and its sister agencies, and how cases work their way through the system  And now you know that intersectionality is an important thing when discussing human rights and that we should all try to learn more about it. Because Bob is cool, and he deserves to be accepted for all of the different kinds of awesome that he is.

WHERE CAN I GO FOR MORE INFORMATION?  The Ontario Human Rights CodeCode  Ontario Human Rights Legal Support CentreLegal Support Centre  Ontario Human Rights CommissionCommission  Ontario Human Rights TribunalTribunal  ARCH Disability Law Centre ARCH  Baker Law Baker