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Back to School Edition – Student-Focused Case Law and Legislative Update

Welcome back to school! We hope everyone enjoyed a restful summer season. To kick off the school year, we bring you the latest edition of our School Board Update with particular emphasis on legislation and decisions involving the student body…

HRTO Decision Clarifies Family Status Accommodation Test and Finds Reasonable Investigation Conducted

In Ananda v. Humber College Institute of Technology & Advanced Learning, a recent decision of the Human Rights Tribunal of Ontario (Tribunal), the Tribunal confirmed its approach to assessing claims of family status discrimination (in this case, involving eldercare) and described some of the features of a picture-perfect human rights investigation…

An “Uncomfortable” Workplace Interaction – or Harassment and Discrimination under the Human Rights Code?

In dismissing this human rights application as having no reasonable prospect of success, Vice Chair Hart made helpful comments with respect to the Human Rights Code (Code) and the role of the Human Rights Tribunal of Ontario (Tribunal) in dealing with “uncomfortable” workplace interactions. In short, the decision stands for the proposition that, depending on…

Federal Reforms to Prohibit Discrimination on Basis of Gender Identity or Gender Expression

Editor’s Note: Bill C-16 received Royal Assent on June 19, 2017 and is now in force. Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, passed third reading, without amendment, in the Senate on June 15, 2017. As we previously reported, Bill C-16 was introduced in the House of…

Ontario Human Rights Commission Releases New Inquiry Report on Post-Secondary Student Mental Health Accommodations

The Ontario Human Rights Commission (Commission) has released an Inquiry Report regarding its inquiry into the systemic barriers facing post-secondary students with mental health disabilities entitled “With Learning in Mind.” Find out more about the Commission’s initiative and its impact on Colleges and Universities in this FTR Now…

Siobhan O’Brien Quoted in TVO Article on Transgender Rights Bill C-16

TVO quoted Siobhan O’Brien in a May 30, 2017 article titled “Everything you need to know about the transgender bill.” Bill C-16 proposes to include gender identity and gender expression as prohibited grounds for discrimination under the Canadian Human Rights Act and hate speech provisions under the Criminal Code. By including “gender identity” and “gender…

Landlord Required to Give Additional Notice to Tenants as Religious Accommodation

The Human Rights Tribunal of Ontario (Tribunal) has recently found that a landlord’s statutory right to show an occupied rental unit with 24 hours’ notice may be limited by a tenant’s requests for accommodation. In Madkour v. Alabi, a Muslim married couple (the Applicants) rented an apartment in the home of the landlord (the Respondent)….

2017 HRPA Annual Conference & Tradeshow

Topic New and Evolving Issues in Workplace Accommodation Workplace accommodation is one of the most challenging issues facing both employers and service providers. Legal developments emerging from human rights tribunals, arbitration boards and courts across Canada have imposed additional challenges, expanded obligations, and the need to think outside the box as employers and service providers…