LAW 525 Lecture Notes - Lecture 7: Ontario Human Rights Code, Headnote, Customer Service
28 Jun 2018
School
Department
Course
Professor
LAW 525 – Chapter 7 – Discriminatory Business Practices/ Human Rights and Business-
Consumer Relations in Ontario
Human rights has a financial impact on our society (significance of discrimination to the
marketplace)
Businesses having a greater/better connection to society
Ontario Human Rights Code
- Requires business to accommodate (duty to accommodate)
- Human rights tribunal adjudicates the human rights code
- Important because it was Canada’s first legislation for inclusive practices
- Creed – indigenous belief, not being religious at all
- Creed may also include non-religious belief systems that, like religion, substantially
influence a person’s identity, worldview and way of life.
- Noted sections 1, 3, 8, 9, 10, 17
- Historically minor remedies
Why do we have the DBPA and AODA if we have the OHRC?
The OHRC has been ineffective for accessibility and discriminatory issues, instead of extending
original statutes, create a new one.
- AODA – accessibility for Ontarian’s with disabilities act
Federally regulated entities are governed by the Canadian human rights act
Disability – main principle is dignity and worth of a person, equal right to treatment and access
- Includes drug and alcohol dependencies
Duty to accommodate
Inclusiveness by design (considering accessibility requirements while designing a building)
AODA
- Visible barriers and invisible barriers
- Customer service standard (policies, procedures, staff training)
Charter
- Section 15 and 15(2) mentions discrimination grounds, does not mention sexual
orientation and gender expression
****Warning: Brockie v Ontario Case – likely to be on exam, make sure you read court’s
decision (not headnote on first page)
- Start from para. 45
- Section 2 rights of charter WERE violated BUT they were SAVED by section 1, as
explained by the oakes test
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Law 525 chapter 7 discriminatory business practices/ human rights and business- Human rights has a financial impact on our society (significance of discrimination to the marketplace) Human rights tribunal adjudicates the human rights code. Important because it was canada"s first legislation for inclusive practices. Creed indigenous belief, not being religious at all. Creed may also include non-religious belief systems that, like religion, substantially influence a person"s identity, worldview and way of life. Noted sections 1, 3, 8, 9, 10, 17. The ohrc has been ineffective for accessibility and discriminatory issues, instead of extending original statutes, create a new one. Aoda accessibility for ontarian"s with disabilities act. Federally regulated entities are governed by the canadian human rights act. Disability main principle is dignity and worth of a person, equal right to treatment and access. Inclusiveness by design (considering accessibility requirements while designing a building) Section 15 and 15(2) mentions discrimination grounds, does not mention sexual orientation and gender expression.
