CREDIT: CANDIS BROSS
Everyone has the right to equal treatment and freedom from discrimination.0

In Canada, both provincial and federal regulations are in place to ensure that everyone has the right to equal treatment and freedom from discrimination. The importance of freedom from discrimination has been recognized as essential to promoting human dignity.

What regulates the protection of human rights in Ontario?

While the Canadian Human Rights Act requires that federally regulated businesses like banks or post offices ensure they do not discriminate, the protection and promotion of human rights provincially falls under Ontario’s Human Rights Code. The Code governs all interactions between individuals and ensures that no one is discriminated against on the basis of a protected ground.

What is sexual orientation?

Sexual orientation is not expressly defined by the Code or the Act. Sexual orientation refers to someone’s sexuality, including gay, lesbian, heterosexual and bisexual. Sexual orientation is a fundamental part of what makes up an individual.

How is sexual orientation protected in Ontario?

The Code stipulates that everyone enjoy equal treatment and freedom from discrimination because of their sexual orientation with respect to receiving services and goods and access to facilities. This means that a retailer cannot refuse to sell merchandise to a same-sex couple.

Further, everyone has the right to equal treatment and freedom of discrimination in their employment, housing, ability to contract and union membership. This means that a same-sex couple cannot be denied a housing rental because the landlord does not believe in same-sex relationships.

The Code also states that no one can be harassed in one’s employment or in one’s housing because of one’s sexual orientation. Harassment is any unwelcome conduct or comments that the person knew or ought to have reasonably known would be offensive. Therefore, an employer cannot use derogatory language when addressing an employee in relation to his sexual orientation.

The use of homophobic language is considered harassment, particularly in the workplace. This means by using expressions like “that’s so gay”, even if it isn’t directly referencing someone’s sexual orientation, can be considered harassment.

For more information on human rights law in Ontario, please visit the Ontario Human Rights Commission website at www.ohrc.on. ca and the Ontario Human Rights Tribunal website at www.hrto.ca.

This column is brought to you by Community Legal Services at Western University. It provides legal information only. The information is accurate as of the date of publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326
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