1
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
• 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 3
Understand your rights under the Ontario’s Human Rights Code Understand what you can do if your human rights have been violated 4
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
What are human rights? 6
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
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
• All Ontario laws must follow this Code • It protects you from discrimination in five protected social areas – based on one or more grounds • Citizenship Accommodation • race • place of origin • ethnic origin • colour Contract • ancestry Protected • disability • age Social Areas Grounds • creed Employment • sex/pregnancy • family status • marital status Goods, Services, and • sexual orientation Facilities • gender identity • gender • expression Membership in unions, trade, or professional • receipt of public assistance (in housing) associations • record of offences (in employment) 9
To establish discrimination under the Code , You have a quality that is a protected ground listed 1. in the Code ; You were treated negatively because of the 2. protected ground; and This negative treatment happened in a protected 3. area listed in the Code. 10
A defence to discrimination can be argued if the ‘violator’ has a reasonable explanation that is not discriminatory (costs, health, or safety concerns) 11
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
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
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
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
Human Rights Legal Support Centre – provides advocacy support, advice and representation Tel: 1-866-625-5179 Website: www.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/ 16
African Canadian Legal Clinic Tel: 1-888-377-0033 Website: www.aclc.net ARCH Disability Law Centre Tel: 1-866-482-2724 Website: www.archdisabilitylaw.ca Community Legal Clinics - Find your local legal clinic Tel: (416) 979-1446 Website: www.legalaid.on.ca 17
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
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
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
Recommend
More recommend