LAMBERT PARALEGAL SERVICES
  • Home
  • Services
  • About
  • Contact
  • Blog
  • Publications
  • Presentations

Lambert Paralegal Services Blog.

Why the Ontario Human Rights Code when there is the Canadian Human Rights Act?

10/19/2018

0 Comments

 
Picture
Both the Ontario Human Rights Code and the Canadian Human Rights Act protect people from forms of discrimination such as sexism, racism, and harmful stereotypes.

As a result of the constitutional division of powers, the Ontario Human Rights Code generally applies to entities regulated by provincial law, such as school boards, hospitals, and most businesses. The Code does not apply to federally regulated entities, such as airlines and banks, even when these entities operate within the Province of Ontario. In general, the Canadian Human Rights Act has jurisdiction over complaints about discrimination involving federally regulated entities.

In some cases, jurisdiction is clearly defined. For example, Tyrrell v Royal Bank of Canada, 2014 HRTO 1134 maintained that the Ontario Human Rights Tribunal, which hears complaints of a violation of the Ontario Code, does not have jurisdiction over banks, as they are federally regulated. Likewise, Voss v Garda Canada Security Corporation, 2013 HRTO 188 held that the work of airport security officers, and their supervisors, falls under federal jurisdiction.

In other complaints, whether the Ontario Human Rights Tribunal has jurisdiction may be less clear. In Raiche v Pic Mobert First Nation, 2014 HRTO 1271, the Tribunal decided that depending on the activities of a First Nations organization, the case may fall within provincial jurisdiction or may fall within federal jurisdiction. In Tobin v Aroland First Nations, 2012 HRTO 2360, [2012] OHRTD No. 2318, the Tribunal decided that an application pertaining to the provision of education on First Nations fell under federal jurisdiction, and therefore outside the scope of the Ontario Human Rights Tribunal.

If you have experienced discrimination in a social area such as employment, contracts, housing, membership in an association, or services, goods, or facilities, it is suggested to immediately contact a lawyer or paralegal who has Human Rights as an area of practice. Your rights matter, and you have options.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Author

    Jonathan Lambert,
    Licensed Paralegal, 
    ​905-577-3216

    Picture

    Archives

    November 2022
    February 2021
    March 2020
    April 2019
    March 2019
    January 2019
    November 2018
    October 2018
    September 2018

    Categories

    All

    RSS Feed

    Blog Disclaimer and Terms of Use
    This blog and its website are for informational purposes only. This blog does not offer or constitute legal advice. Past results are not indicative of future results. The comments section of this blog is neither frequently monitored nor confidential.
Proudly powered by Weebly
  • Home
  • Services
  • About
  • Contact
  • Blog
  • Publications
  • Presentations