Policy and Guidelines on Discrimination Because of Family Status
ISBN: 978-1-4249-4269-5
Approved by the Commission: March 28, 2007
Available in various formats: electronic, audio tape, large print
Also available on Internet: www.ohrc.on.ca/
Disponsible en français
PLEASE NOTE
This Policy contains the Commission’s interpretation of provisions of the Ontario Human Rights Code relating to family status. It is subject to decisions of the Superior Courts interpreting the Human Rights Code. Any questions regarding this Policy should be directed to the staff of the Ontario Human Rights Commission.
Commission policies and guidelines set standards for how individuals, employers, service providers and policy makers should act to ensure compliance with the Code. They are important because they represent the Commission’s interpretation of the Code at the time of publication. While they are not binding on the human rights tribunal or on courts, they are often given great deference[1], applied to the facts of the case before the court or tribunal, and quoted in the decisions of these bodies.
[1] In Quesnel v. London Educational Health Centre (1995), 28 C.H.R.R. D/474 at para. 53 (Ont. Bd. Inq.), the Board of Inquiry applied the United States Supreme Court’s decision in Griggs v. Duke Power Co., 401 U.S. 424 (4th Cir. 1971) to conclude that Commission policy statements should be given “great deference” if they are consistent with Code values and are formed in a way that is consistent with the legislative history of the Code itself. This latter requirement was interpreted to mean that they were formed through a process of public consultation.
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