What is Creed? Ontario Human Rights Commission seeks input

February 11th, 2014 by Lauren Blumas

There has been a lot of confusion around “creed” as a protected ground under the Ontario Human Rights Code (the Code) over the years. During our recent outing as presenters at the Golden Horseshoe Co‑operative Housing Federation conference, we were asked to define creed. The answer to this question is not straightforward. Generally speaking, courts and tribunals interpret creed to be the same as religion. Other decisions have left open the possibility that creed includes spiritual practices and non‑religious beliefs.

Fortunately, the Ontario Human Rights Commission (OHRC) is in the process of updating its Policy on Creed (last revised in 1996) that can be used as a tool by employers, service providers and housing providers to develop best practices. In the meantime, the OHRC has released its report titled Human Rights and Creed Research and consolation report, which addresses the confusion about the definition of creed, current social trends on how we identify as Canadians, and some preliminary questions on the scope and limitations of creed.

The report helpfully points out the difficulties organizations face regarding creed, identifying for example, sincerity of belief as a challenge to providing appropriate accommodation for creed beliefs and practices.

The policy is still very much in its early stages. The OHRC is looking for input from stakeholders on key questions outlined in the report. If you want to be part of the conversation, you can email your comments to the OHRC at [email protected] with your thoughts on what a helpful policy might look like.

The report can be found here (pdf).

 

 

Iler Campbell at Golden Horseshoe Winter Workshop

February 5th, 2014 by Lauren Blumas

The Golden Horseshoe Co‑operative Housing Federation hosted its annual housing Winter Workshop conference on January 25, 2014. Despite the weather, the turnout was impressive. The workshops covered a range of practical topics including re‑financing, member participation, arrears, the duty to accommodate (presented by Iler Campbell) and the legal implications of hoarding (presented by Iler Campbell).

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Whose freedom of expression is the Harper government protecting?

January 30th, 2014 by Shelina Ali

Last week, in Prime Minister Stephen Harper’s address to the Israeli Knesset, he equated criticisms of the Israeli state and its policies with anti-Semitism. He stated that “most disgracefully of all, some openly call Israel an apartheid state,” continuing on to say that “it is nothing short of sickening.”

Mr. Harper’s strong condemnation of individuals who criticize Israel’s policies and practices raises serious concerns about his government’s commitment to protecting political speech in Canada. His comments should be seen in light of his government’s claw‑back of hate speech legislation in the name of freedom of expression. In acting as a champion of freedom of expression, while targeting critics of the Israeli government and its policies, Mr. Harper has attempted to redefine political speech as speech that would meet the definition of hate speech under the Criminal Code. These contradictory actions should raise serious doubts about whose expression the Harper government is actually committed to protecting.

Read more on rabble.ca

Buried Alive: The Human Rights Implications of Compulsive Hoarding in the Landlord-Tenant Context

January 27th, 2014 by Iler Campbell

Lauren Blumas, our articling student, has an article in the current issue of the Canadian Journal of Poverty Law. Read her article here (pdf).

 

Justice Quinn upholds costs protection for public interest litigants in municipal campaign financing case

January 23rd, 2014 by Laura Bowman

In Lancaster v. Compliance Audit Committee et al., 2013 ONSC 7631 (CanLII) Justice Quinn discussed in detail the principles that should apply to an award of costs against a public interest litigant.  In that case an appeal was brought regarding an audit committee decision not to investigate a campaign finance issue under the Municipal Elections Act.

The elector, Lancaster, made an audit complaint relating to the campaign finances of various individuals and when the audit committee under the Act ended the audit proceedings, appealed to the Ontario Court of Justice under s.81(6) of the Municipal Elections Act.  The Ontario Court of Justice dismissed the appeal.  The elector then appealed to the Superior Court of Justice, who dismissed the appeal again.

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Troubled waters: Lake Simcoe Region Conservation Authority wetland permitting process is questioned

January 22nd, 2014 by Laura Bowman

Could you imagine a process where a developer can get an approval to destroy a provincially significant wetland in the Lake Simcoe Watershed without anyone even knowing about it, and where the approval is virtually guaranteed?

In September 2013, the North Gwillimbury Forest Alliance (NGFA), a pressure-group of residents in Georgina, released a report by planning consultant Anthony Usher on the way the Lake Simcoe Region Conservation Authority (LSRCA) approves developments in wetlands. The report criticizes the process and the policies the LSRCA uses in granting development approvals in and around waterways.

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