Older persons, particularly older women, are at high risk of being in core housing need. Inc. (1989), 10 C.H.R.R. Statistics Canada and the CMHC report that women living alone are at high risk of being in core housing need. 82, Eberts (Ont. [189]Aquilina v. Pokoj (1991), 14 C.H.R.R. These racial effects interacted with and were generally exacerbated by gender and class. For example, children in families spending the majority of their income on rent are at a higher risk of malnutrition and respiratory and other diseases. Complaints regarding discrimination on this ground range from individuals being denied rental housing accommodation formally or informally because they have or will have children, to prospective or current tenants receiving discriminatory treatment because of the particular form or composition of their family. In addition to race, the Code prohibits discrimination in rental housing on several related grounds, as outlined above. Previous Versions. She experienced differential treatment when she was ordered to cease producing these odours or face eviction. Racialized persons may be advised that an apartment has already been rented only to have a White friend inquire about the availability of the accommodation and be told that it is still available. The Commission has explored this “contextualized” or “intersectional” approach to discrimination analysis at length in its Discussion Paper entitled An Intersectional Approach to Discrimination: Addressing Multiple Grounds in Human Rights Claims. D/119 (Ont. Inq.). In some cases, they and/or their children may be subjected to harassment because of their living arrangements. ), a Tribunal held that denying a woman the right to apply for the apartment and rejecting her outright because she had a child resulted in prima facie discrimination. This number comprises 43.9 percent of the Canadian total. Therefore, landlords are able to screen out prospective tenants by simply saying, after hearing the tenant speak, that the apartment is “already rented”. [128] A woman may be denied a housing opportunity both because of her sex and, by association, her perceived financial situation. (1997), CHRR Doc. The normal physical changes that occur as people age and the diseases or disabilities that affect some older persons have implications for housing. The Commission’s submission outlined ways in which the Building Code can incorporate human rights principles, and emphasized the need to achieve greater harmonization between the two Codes. The phenomenon of intersectionality is frequently evident in complaints of discrimination in the area of rental housing accommodation. It is important to note that some characteristics are protected under … Inq.). Section 10(1) of the Code defines “family status” as the status of being in a parent and child relationship. Inq.). Under the Ontario Human Rights Code (the Code) people are protected from discrimination and harassment because of gender identity and gender expression in employment, housing, facilities and services, contracts, and membership in unions, trade or professional associations. Qué.). [159] Tribunals have also found against restricting apartment buildings to “families” where that designation excludes lone parent families or common-law couples.[160]. While the Aboriginal population is subjected to many of the same experiences as other racialized groups in the rental housing market, this group also seems to encounter unique and distinct difficulties when attempting to secure rental housing. Discrimination based on 17 different personal attributes – called grounds – is against the law under the Code. A national consultation process was launched in September 2006 on the issue of the division of matrimonial real property on reserve; see Indian and Northern Affairs Canada, News Release, “Addressing Matrimonial Property Rights On Reserves: Canada, AFN And NWAC Move Forward With Consultations” (29 September, 2006). A housing provider has a duty to accommodate the needs and capabilities of older residents, subject to the undue hardship standard. [140] [1995] 2 S.C.R. [115] Some have speculated that the practice of requesting unaffordable deposits may in itself be a tactic to deter tenants that a landlord does not deem “desirable”. Ontario included gender identity and expression in its human rights legislation in 2012. Inq.). Investments[184], a tenant alleged discrimination because of disability due to the landlord’s lack of designated “handicapped” parking. 11. at 37. Grant & R.K. Danso, “Access to Housing as an Adaptive Strategy for Immigrant Groups: Africans in Calgary” (2000) 32(3) Canadian Ethnic Studies 19. [149], Lack of access to adequate, affordable housing has long-term consequences. At that time, 19 percent of the homeless population in Toronto, or 5,300 homeless people were children. When looking for new housing accommodation, she may face discrimination if she has children, or is in receipt of public assistance, and she may be asked for an abnormally large monetary deposit if she does not have her own credit history or has a negative credit history. For example, it may be necessary to place safety devices on windows or balconies in high-rise apartments. [205] Information taken from Engeland, Lewis, Ehrlich & Che, supra note 13 at 45. New Canadians often do not know their rights under provincial or federal law, and may be too intimidated to speak out if they have been taken advantage of. In Ward v. Godina,[161] a Board of Inquiry found that “no transfer policies” have an adverse impact on families with children, and violate the Code. The Human Rights Tribunal of Ontario found that there had been discrimination on the basis of the complainant’s mental disability and awarded compensation. D/6413 (Ont. [129]Turanski v. Fifth Avenue Apartments (1986), 7 C.H.R.R. If she is a racialized person and/or if she has a disability, she might experience discrimination on these grounds as well. D/4623 (Sask. It can also require other forms of accommodation such as waiving or changing a rule, for example, allowing guide dogs in a building with a “no pets” policy. In designing and building housing for older persons, the aim should be a barrier-free environment, with recognition that barriers are both physical and psychological. des droits de la personne et des droits de la jeunesse) et Dubé c. Martin (1997), 33 C.H.R.R. Life in apartment-type housing inevitably involves some exposure to the noises and activities of one’s neighbours. Though teenagers were able to use the facilities and participate in events, the security problems appear to have cast a shadow of suspicion over teenagers. Across all measures, female speakers of Black English Vernacular consistently fared the worst. See also Fakhoury v. Las Brisas Ltd., supra note 157. Arbitrary age restrictions should not be used to enforce mere preferences for “child-free” spaces. [94] K.L. That first Human Rights Code reflected the thinking of the time. [English Summary]. The personal characteristics may be someone’s actual characteristic or they may be how they are seen. The complainant, a woman of Cambodian ancestry, alleged that her landlord had provided substandard maintenance of her apartment building to both herself and other tenants of Asian ancestry. This term is widely preferred over descriptions such as "racial minority", "visible minority" or "person of colour" as it expresses race as a social construct rather than as a description of persons based on perceived characteristics. The opposite situation could also raise concerns. These challenges are frequently compounded by the numerous barriers faced by persons with disabilities when they attempt to access rental housing. [187] See, for example, Quesnel v. London Educational Health Centre (1995), 28 C.H.R.R. In Ontario (Human Rights Comm.) ), treating the lack of a rental history in the same way as a negative rental history results in discrimination where the lack of a rental history is related to a Code ground. According to the CMHC, 42 percent of lone parents are in core housing need. [170] S. Page, “Accepting the Gay Person: Rental Accommodation in the Community” (1998) 36(2) Journal of Homosexuality 31.[171]Ibid. 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