POLC36H3 Lecture Notes - Lecture 9: Harvard Step Test, Gas Mask, Ontario Human Rights Commission
15 Mar 2017
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Week 9: discrimination defences & the duty to accommodate. Ohrc applies in ontario to all aspects including employment. Grounds of discrimination vary from provinces, human right statute interpreted in liberal manner can only understand what word means by looking at previous law. Ex: ohrc uses word creed have to know the limits of the word. Interpretation has to go back to previous cases and how they have been decided. Tribunals are not bound they tend to act as if they are bound by previous decision b/c if decision made sense no reason to reject it. *can"t understand anything in law w/o making reference to previous cases. Distinction b/w legitimate and illegimate discrimination: legitimate phd. A religious education institute looking to hire teacher of same religious beliefs allowable. Instances where otherwise discriminatory behaviour would be ok & not every defence exists in every jurisdiction. Connie worked as support worker for christian horizons.
