ENTR 3400 Lecture Notes - Lecture 12: Ontario Human Rights Code, Criminal Negligence, Canadian Human Rights Commission
12 Nov 2018
School
Department
Course
Professor
Week 12 Lecture Notes
April 10, 2017
Ontario: Duty to cooperate anf not to hinder
Canada’s Metal Case
Introduction
Unit 7 – material we didn’t get to end of section nine of ont,
Not goim to cover provincial sct
Min labor / insp
Stc ers- main sret syandard and reg but not do it for them
If inspector ocmes the work rep needs to follow and be present ffor the matter
Workplace rep guides the rep around workplace
Ontario Act:
Proper interaction between workplace rep and inspector
One cannot unbstuct the inspector – you cannot hinder, surpass or molest the inspector
189
Occupational health nurse
I cant find the ppt and im actually going to loss it!!!
Difference between justification and excuse – with due diligence one is justified and no at fault (legally 0
should be aquited / if one was using an excuse they would get a reduce sentence
Reasonable peer is the reaonsalbe perosnaiwho actually posses the knowelsdge in that subkect field –
brain sugeon do and what should they know
One is either deterred for a warning nd then issue an order of prosecution nhowever these steps are not
needed and prosections can be step one ]
Indictment only for federal causes (b/c it’s a felony) – not provincial cases
Section 66 - 233
No choice between summary and federal indictment
Offence
Mr Zambree: 5 or 6 previous convictins – judge says you were not deterred by fines so you are to be
convicted to year in prison
I thin he discussed unit 10..I have no idea hwwat this guy is doing but its annoying
4:30
Ontario Human Rights Code
Fails to cover all rights and freedoms
Focuses on quality, respect or person and freedom from discrimination
The purpose of Human Rights legislation is not to protect all human values and interests, but only narrow
range having to do with equality and respect for persons.
The HRC is not about freedom or the protection of life and health. Thus, we can see that it is possible for
there to be conflicts between basic human values and these conflicts are played out in conflicts between
regulatory regimes.
Preamble
Whereas recognition of the inherent dignity and the equal and inalienable rights of all members of the
human family is the foundation of freedom, justice and peace in the world and is in accord with the
Universal Declaration of Human Rights as proclaimed by the United Nations;
Areas and Places you cannot discriminate and for these reasons
PART I FREEDOM FROM DISCRIMINATION
Services: any area selling or providing a service (free to do so in your home)
1. Every person has a right to equal treatment with respect to services, goods and facilities, without
discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex,
sexual orientation, age, marital status, family status or disability, gender identity and gender expression
Employment
5. (1) Every person has a right to equal treatment with respect to employment without discrimination
because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation,
age, record of offences, marital status, family status or disability.
Can discriminate based off university degree
Disability is them most common complaint
Age iseventually going to become a problem
Reprisals
8. Every person has a right to claim and enforce his or her rights under this Act, to institute and participate
in proceedings under this Act and to refuse to infringe a right of another person under this Act, without
reprisal or threat of reprisal for so doing.
Infringement prohibited
9. No person shall infringe or do, directly or indirectly, anything that infringes a right under this Part.
“disability” means,
(a) any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily
injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes
mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination,
blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or
physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device,
Both Humn Rights Code and Workplace safet Acts state that both themselves are the most superior law
(b) a condition of mental impairment or a developmental disability,
(c) a learning disability, or a dysfunction in one or more of the processes involved in understanding or
using symbols or spoken language,
(d) a mental disorder, or
(e) an injury or disability for which benefits were claimed or received under the insurance plan
established under the Workplace Safety and Insurance Act, 1997;
Disability
17. (1) A right of a person under this Act is not infringed for the reason only that the person is incapable
of performing or fulfilling the essential duties or requirements attending the exercise of the right because
of disability.
Accommodation
17(2) The Commission, the Tribunal or a court shall not find a person incapable unless it is satisfied that
the needs of the person cannot be accommodated without undue hardship on the person responsible for
accommodating those needs, considering the cost, outside sources of funding, if any, and health and
safety requirements, if any.
Act binds Crown
47. (1) This Act binds the Crown and every agency of the Crown.
Act has primacy over other Acts
(2) Where a provision in an Act or regulation purports to require or authorize conduct that is a
contravention of Part I, this Act applies and prevails unless the Act or regulation specifically provides that
it is to apply despite this Act.
Ontario OHSA
Crown
2. (1) This Act binds the Crown and applies to an employee in the service of the Crown or an agency,
board, commission or corporation that exercises any function assigned or delegated to it by the Crown.
Other Acts
(2) Despite anything in any general or special Act, the provisions of this Act and the regulations prevail.
If employer had to chose they should chose the: human rights vs. the protections of the lives
Be alive and than we can worry about rights and treatment
Ontario
Labour Relations Act, 1995
Regulates collective bargaining regime in workplaces in Ontario:
• Certification of trade unions
• Process of negotiation
• Minimum content regarding the operation of the collective agreement
• Arbitration process
• Determination of unfair labour practices
• Has little to do with safey in workplace
• Two parties
• Round table
How is the OLRA relevant to OHS?
1. The collective agreement may contain OHS clauses. (in a collective agreement one cannot ùgre to
comply with the law, both have to goto the minimum but can go higher than the min)
2. Arbitrations of grievances may deal with OHS concerns.
3. OLR Board is give power under the OHSA to hear complaints from both union and non-union
workers that they have been subject to reprisals.
4. Unions under the OLRA are recognized under the OHSA for certain purposes.
5. Arbitrators are given status under the OHSA to hear unlawful reprisals.
6. OLR Board now hears appeals from Inspectors’ Orders.
Note: Federal equivalent is the CLRB under the Canada Labour Code.
Document Summary
Ontario: duty to cooperate anf not to hinder. Unit 7 material we didn"t get to end of section nine of ont, Stc ers- main sret syandard and reg but not do it for them. If inspector ocmes the work rep needs to follow and be present ffor the matter. One cannot unbstuct the inspector you cannot hinder, surpass or molest the inspector. I cant find the ppt and im actually going to loss it!! Difference between justification and excuse with due diligence one is justified and no at fault (legally 0 should be aquited / if one was using an excuse they would get a reduce sentence. Reasonable peer is the reaonsalbe perosnaiwho actually posses the knowelsdge in that subkect field brain sugeon do and what should they know. One is either deterred for a warning nd then issue an order of prosecution nhowever these steps are not needed and prosections can be step one ]
