Welcome to the Human Rights Legal Support Centre
The Human Rights Legal Support Centre offers human rights legal services to individuals throughout Ontario who have experienced discrimination contrary to Ontario's Human Rights Code. Our services may include legal assistance in filing applications at the Human Rights Tribunal of Ontario, and legal representation at mediations and hearings.
There are many problems that are not related to the Human Rights Code. A project of CLEO, Your Legal Rights is a website of free legal information for people in Ontario. This site has free, practical, and easy-to-find legal information produced by hundreds of organizations across Ontario.
Ontario's Divisional Court rejects police and doctor's efforts to bar human rights claims: The Human Rights Legal Support Centre successfully defended two clients seeking justice beyond the narrow scope of a professional regulatory body's oversight.
Update: Gender identity application was resolved October 27th at the HRTO.
To read the full decision, visit Canlii
What’s New at the Centre
Trans woman settles human rights case with City of Hamilton
The City of Hamilton reached an agreement to settle a human rights application involving a trans woman who was denied access to the women's washroom at the MacNab Bus Terminal in Hamilton by a City employee. The trans woman was provided access to the family washroom.
The City of Hamilton recognizes the right of trans people set out in Ontario's Human Rights Code which includes the right to access facilities in accordance with their self-identified gender identity. The City is committed to communicating that a trans person will not be required to use a separate facility because of the preferences or negative attitudes of others. The City is committed to providing accommodation options for washrooms and change rooms on an individualized basis.
Read the full media release on Canada Newswire
Waitress constructively dismissed after asking for pregnancy-related changes at work
Jaques v 1633092 Ontario Ltd. Tosh Steakhouse 2016 HRTO 403
Michelle Jaques worked at Tosh Steakhouse for three years. After she became pregnant, on her doctor’s advice, Ms. Jaques advised her employer that it was medically inadvisable for her to go up and down the stairs to the second floor dining room.
After initially agreeing to her request as per her doctor’s advice, the restaurant told Ms. Jaques that “it was not possible” to have her work only on the ground floor. In testimony, the employer referred to internal shift policies prohibiting the change. The Centre represented Ms. Jaques and argued before the Human Rights Tribunal of Ontario that there were no written policies in place and that, even if such policies existed, adapting the policies to accommodate her medical restrictions would not be an “undue hardship” for the restaurant.
The Tribunal accepted the Centre’s arguments and found the employer had failed to take the necessary steps required under the Human Rights Code to accommodate her needs as a pregnant employee. Pregnancy is specifically included in the Code’s protection against discrimination based on sex. The Centre represented Ms. Jaques and the Tribunal ordered:
- $15,000 compensation for the discrimination
- $4,170.60 in lost wages
- Training for the directors and managers of the restaurant
For more information about accommodation under Ontario’s Human Rights Code see: Your Right to Accommodation on our web site.
Durham Police “tailored testimony” not credible: Racial profiling upheld
TORONTO December 22, 2015 - Joseph Briggs went to buy a sandwich. What happened next was the subject of a five-day hearing before the Human Rights Tribunal of Ontario. In the end, Vice Chair Alison Renton concluded Briggs was the target of racial profiling by Durham Regional Police Services when they ran his license plate in the parking lot of a restaurant and then followed him one hour later.
“Objectively, I find that the racial profiling and discrimination … experienced, which included being racially profiled by having his license plate checked because he was black, and ‘trying to catch him’ is a serious violation of the [Human Rights] Code. The applicant went out at 1:30 a.m. to purchase a sandwich from a 24-hour restaurant, a relatively simple exercise,” read Vice Chair Renton’s 73-page decision.
To read the full decision, visit Canlii