Textbook Notes (270,000)
CA (160,000)
Ryerson (10,000)
ENH (10)
Chapter

ENH 121 Chapter Notes -Guide Dog, Congenital Disorder, Last Amendment


Department
Environmental Health
Course Code
ENH 121
Professor
Peter Khaiter

This preview shows half of the first page. to view the full 2 pages of the document.
Unit 4P2
1. Q about equality between male and female
They are equal
"equal" means subject to all requirements, qualifications
and considerations that are not a prohibited ground of
discrimination;
1. Sec 33 not withstanding clause
Exception where express declaration
33. (1) Parliament or the legislature of a
province may expressly declare in an Act of Parliament or of
the legislature, as the case may be, that the Act or a
provision thereof shall operate notwithstanding a provision
included in section 2 or sections 7 to 15 of this Charter.
Section 33 preserves the principle of the supremacy of
Parliament.
The government must publicly declare it is infringing a right
or a freedom.
The infringement can only last 5 years.
To continue the infringement past 5 years, the government
must re-state publicly that it is infringing a right or freedom.
1. Ontario human rights code 8 qs
First passed in 1981.
Last amendment 2009, S.O. c.33, Sched. 2, s.35.
Preamble
I Freedom from Discrimination
II Interpretation and Application
III The Ontario Human Rights Commission
IV Human Rights Tribunal of Ontario
IV Human Rights Legal Support Centre
V General
VI Transitional Provisions
Preamble
WHEREAS recognition of the inherent dignity and the equal
and inalienable rights of all members of the human family is
the foundation of freedom, justice and peace in the world
and is in accord with the Universal Declaration of Human
Rights as proclaimed by the United Nations;
AND WHEREAS it is public policy in Ontario to recognize the
dignity and worth of every person and to provide for equal
rights and opportunities without discrimination that is
contrary to law, and having as its aim the creation of a
climate of understanding and mutual respect for the dignity
and worth of each person so that each person feels a part of
the community and able to contribute fully to the
development and well-being of the community and the
Province;
AND WHEREAS these principles have been confirmed in
Ontario by a number of enactments of the Legislature and it
is desirable to revise and extend the protection of human
rights in Ontario;
Therefore, Her Majesty, by and with the advice and consent
of the Legislative Assembly of the Province of Ontario,
enacts as follows:
1. What is the focus
2. What particular right
3. Conflict between human rights and health and
safety whats it about?
4. Q about definition disability –Human rights
code
any degree of physical disability, infirmity, malformation or
disfigurement that is caused by bodily injury, birth defect or
illness and, without limiting the generality of the foregoing,
including diabetes mellitus, epilepsy, a brain injury, any
degree of paralysis, amputation, lack of physical co-
ordination, blindness or visual impediment, deafness or
hearing impediment, muteness or speech impediment, or
physical reliance on a guide dog or other animal or on a
wheelchair or other remedial appliance or device,
a condition of mental impairment or a developmental
disability,
(c) a learning disability, or a dysfunction in one or more of
the processes involved in understanding or using symbols or
spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or
received under the insurance paln established under the
Workplace Safety and Insurance Act, 1997;
1. Difference between Constructive and
discrimination
Constructive
A right of a person under Part I is infringed where a
requirement, qualification or factor exists that is not
discrimination on a prohibited ground but that results in the
exclusion, restriction or preference of a group of persons
who are identified by a prohibited ground of discrimination
and of whom the person is a member, except where,
11(a) the requirement, qualification or factor is reasonable
and bona fide in the circumstances; or
(b) it is declared in this Act, other than in section 17,
that to discriminate because of such ground is not an
infringement of a right.
11.(2) The Tribunal or a court shall not find that a
requirement, qualification or factor is reasonable and bona
fide in the circumstances unless it is satisfied that the needs
of the group of which the person is a member cannot be
accommodated without undue hardship on the person
responsible for accommodating those needs, considering
the cost, outside sources of funding, if any, and health and
safety requirements, if any. [Amended 2009]
11(2)The Tribunal or a court shall not find that a requirement,
qualification or factor is reasonable and bona fide in the
circumstances unless it is satisfied that the needs of the
group of which the person is a member cannot be
accommodated without undue hardship on the person
responsible for accommodating those needs, considering
the cost, outside sources of funding, if any, and health and
safety requirements, if any. [Amended 2009]
You're Reading a Preview

Unlock to view full version