That section says it is a discriminatory practice to deny access to any good, service, facility or accommodation to someone for any of the prohibited
grounds of discrimination.
Robyn Durling, the communications director with the B.C. Human Rights Clinic, says he, too, was disturbed by Allenberg's allegations, but says that the code establishes areas and
grounds of discrimination.
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Amendments to the Human Rights Code to expand
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However, s. 15 equality rights are limited to
grounds of discrimination analogous to the grounds enumerated in s. 15 (1).
For its part Carleton argued its actions were a justified response to safety concerns and the actions were not related to
the grounds of discrimination under the code.
«While the ability to engage in lawful political activity and free expression of political opinion are fundamental rights in Canadian society, and may be the subject of other laws or policies, they are not proscribed
grounds of discrimination under the code.
terminate... retire... by reason of any of the prohibited
grounds of discrimination.
On June 19, 2017, five years after «gender identity» and «gender expression» were added as protected
grounds of discrimination in Ontario's Human Rights Code, the Federal government has added «gender identity» and «gender expression» to the Canadian Human Rights Act.
The Human Rights Tribunal of Ontario does not have jurisdiction to hear applications that fall outside of the 5 social areas or that do not involve one of
the grounds of discrimination.
For all purposes of this Act, the prohibited
grounds of discrimination are race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for which a pardon has been granted.
Both Manitoba and Ontario recently added gender identity and gender expression to their human rights legislation as prohibited
grounds of discrimination.
Applicable human rights legislation can be complied with by assessing candidates based on the relevant aspects of the job, and not extraneous factors that could overlap with prohibited
grounds of discrimination.
On May 17, 2016, the federal government tabled Bill C - 16, An Act to amend the Canadian Human Rights Act and the Criminal Code to add gender identity and gender expression to the list of prohibited
grounds of discrimination.
Manitoba and Ontario recently added gender identity and / or gender expression to their human rights legislation as prohibited
grounds of discrimination.
The Canadian Human Rights Act defines the following prohibited
grounds of discrimination: race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability and conviction for an offence for which a pardon has been granted or in respect of which a record suspension has been ordered.
This private member «s bill will, if passed, give explicit recognition to the rights of trans people, by adding gender identity and gender expression as prohibited
grounds of discrimination in the Canadian Human Rights Act and the hate crimes provisions of the Criminal Code.
The most common
grounds of discrimination within the workplace... Read More
The Court said that the Campbell River test effectively established a hierarchy of
grounds of discrimination, thus making family status less important than the others.
Whereas the expressed intent of the law is to add «gender identity and gender expression to the list of prohibited
grounds of discrimination» as well as amending the Criminal Code to «extend the protection against hate propaganda set out in that Act to any section of the public that is distinguished by gender identity or expression», some have argued that the law, under its commendable purpose, hides an agenda with the potential to curtail fundamental freedoms.
Since 2012, «gender identity» and «gender expression» have been prohibited
grounds of discrimination under the Code.
These unfair reasons are known as
grounds of discrimination.
For the exact
grounds of discrimination covered in your province or territory, please consult your provincial or territorial human rights body.
Though they vary across provinces and territories,
grounds of discrimination can include race, age, sex, ethnic origin, family status, marital status, sexual orientation, gender identity, gender expression, or having a criminal record.
Bill 164 proposes amending the Ontario Human Rights Code (the «Code») to include the following four new protected
grounds of discrimination for individuals seeking employment, a place to live, or services:
A recognized complaint requires one of the listed or recognized
grounds of discrimination (such as sexual orientation or gender identity), a discriminatory practice (such as harassment), and a negative effect on you.
In Ontario, the prohibited
grounds of discrimination are: 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) and record of offences (in employment).
To avoid potentially serious consequences at the HRTO, employers should ensure that they understand the prohibited
grounds of discrimination in the Code — for example, that discrimination based on «sex» includes pregnancy — and ensure that they are in strict compliance with all relevant human rights legislation, especially when it comes time to terminate an employee.
Such characteristics, when recognized in law, are called «prohibited
grounds of discrimination».
In 2012, the Ontario Human Rights Code was amended to add «gender identity» and «gender expression» as prohibited
grounds of discrimination.
On May 17, 2016, the federal government introduced Bill C - 16, An Act to amend the Canadian Human Rights Act and the Criminal Code, proposed legislation adding gender identity and gender expression to the list of prohibited
grounds of discrimination in the Canadian Human Rights Act (CHRA).
If passed, Bill 164 would amend Ontario's Human Rights Code to add four new prohibited
grounds of discrimination: social condition, genetic characteristics, immigration status and police records.
The Bill adds «gender identity or expression» to the list of prohibited
grounds of discrimination in the Canadian Human Rights Act.
On May 17, 2016, the federal government tabled Bill C - 16, An Act to amend the Canadian Human Rights Act and the Criminal Code to add gender identity and gender expression to the list of prohibited
grounds of discrimination... [more]
Other
grounds of discrimination include race, colour, sexual orientation, age, sex, and others.
As a result, I also accept the applicant's position that breastfeeding can fall under both prohibited
grounds of discrimination.
If passed into law the Bill would amend the Canadian Human Rights Act to include «gender identity» as one of the prohibited
grounds of discrimination and would change the Criminal Code to similarly add gender identity under Canada's hate crimes laws.
The HRTO held that Mr. Peart had satisfied the first step of the Kapp test by demonstrating that s. 10 (5) of the Act has a disproportionate impact on foreign workers in Ontario under the Seasonal Agricultural Workers Program (SAWP), who are identified by prohibited
grounds of discrimination, specifically citizenship and race.
«In each province, we're selecting the leading cases so it won't be a database like Canlii or other databases that exist — or even the websites of the tribunals that have all the cases — but rather, we're doing the filtering of cases that would be the leading cases for
the grounds of discrimination in that specific province, in that tribunal,» she says.
Ms. Johnston claimed that CBSA had discriminated against her on the basis of «family status», one the prohibited
grounds of discrimination under the CHRA.
«Under Ontario human rights law you can't have discrimination in the delivery of a service and there are various
grounds of discrimination that are prohibited,» she says.
This private member «s bill will, if passed, give explicit recognition to the rights of trans people, by adding gender identity and gender expression as prohibited
grounds of discrimination in the Canadian Human Rights Act and the hate crimes -LSB-...]
... Prohibited
grounds of discrimination generally address immutable or constructively immutable personal characteristics, and the types of childcare needs which are contemplated under family status must therefore be those which have an immutable or constructively immutable characteristic.
That mental handicaps (learning disabilities, retardation or mental illness) and a previous history of mental illness or a previous history of dependence on alcohol or other drugs be added to the proscribed
grounds of discrimination under the Canadian Human Rights Act (CHRA).
It is an area that may continue to evolve as adjudicators seek to balance, on the other hand, the desire not to have a hierarchy of human rights where certain
grounds of discrimination are more protected than others against, on the other hand, the recognition that employers can not accommodate all family choices and preferences.