In its recent decision SAIA v. Carleton University, the Human Rights Tribunal of Ontario (“Tribunal”) found that the decision by Carleton University to remove certain posters from its campus was not discriminatory, nor was it driven by discriminatory animus against Palestinian students. The University had a policy that posters must be approved by the appropriate…
Practice Area: Human Rights
Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs
The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…
HRTO Affirms Its Primary Function is to Determine Whether Code Breached
An offer of monetary compensation by an employer to end a proceeding before the Human Rights Tribunal of Ontario was rejected by the Tribunal. While the Tribunal noted that it would be expeditious to stop the hearing on the basis of this offer, it would neither be fair nor just: the applicant had not agreed…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…
AODA Accessible Built Environment: Consultation Paper on Proposed Changes to Building Code Released
The Ontario government has released a consultation paper on proposed changes to the barrier-free design requirements of Ontario’s Building Code. The proposed Building Code changes arise from the development of built environment accessibility standards under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). The consultation process focuses on certain key accessibility requirements, including: Renovations…
New AODA Built Environment Standards Regulations Filed
On December 17, 2012, the Ontario government filed two regulations amending the Accessibility Standards for Customer Service and the Integrated Accessibility Standards, regulations enacted under the Accessibility for Ontarians with Disabilities Act, 1995 (“AODA”). O. Reg. 413/12 adds new Built Environment Standards on the design of public spaces to the Integrated Accessibility Standards regulation (O….
Reaching Out – Second Edition
Dear Friends, Happy Holidays! Since our first edition of Reaching Out this past summer, the fall has managed to fly by and we find ourselves already gearing up for the holiday season. We hope you found our first edition of our social services update informative and we always appreciate your feedback. In our Winter edition,…
Majority of Divisional Court Overturns Expulsion of Student at Private School
What happens when a private school student smokes marijuana in his residence on the night before his final day in his final year of high school? This issue arose in a recent case before the Divisional Court, where the school allowed the student to withdraw (without his private school diploma and without permission to attend…
The Federal Contractors Program: What Employers Need to Know
While human rights legislation in all Canadian jurisdictions prohibits discriminatory hiring practices, only the federal government has legislation, the Employment Equity Act, which requires employers to engage in a review of their employment and hiring practices to ensure the diversity of their workforces. The Employment Equity Act, however, only applies to that subset of employers…
An Aging Workforce and Hiring Practices
In a time where the workforce is aging, employers must ensure that their recruitment and interview processes involve objective criteria for assessing a job candidate’s qualifications, and do not discriminate against a candidate on the basis of age, either directly or indirectly. The jurisprudence of the Human Rights Tribunal of Ontario is clear that age…