Human rights policing pandemics
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Human
rights
under pressure:
from
policing to
pandemics
Annual report
2020–2021We envision an inclusive society where everyone takes responsibility for
promoting and protecting human rights; where everyone is valued and
treated with equal dignity and respect; and where everyone’s human rights
are a lived reality.
Our mission is to promote and enforce human rights, to engage in
relationships that embody the principles of dignity and respect, and to create
a culture of human rights compliance and accountability.
Contents
5 Message from the Chief Commissioner
8 Celebrating 60 years
14 COVID-19 and human rights
26 Indigenous reconciliation
36 Criminal justice
50 Poverty
59 Education
68 Identifying, eliminating anti-Black and other racism
72 Foundational strengths
85 2020–2021 financial summary
http://www.ohrc.on.ca @the.ohrc
http://www.ohrc.on.ca/fr @LaCODP
@OntHumanRights Onthumanrights
@LaCODP
youtube.com/OntHumanRightsJune 23, 2021 Hon. Ted Arnott Speaker of the Legislative Assembly of Ontario Room 180, Main Legislative Building Queen’s Park Toronto, Ontario M7A 1A2 Dear Mr. Speaker: Under Section 31.6 (2) of the Ontario Human Rights Code, the Ontario Human Rights Commission (OHRC) is required to submit a report on its activities for the previous fiscal period by June 30 of each year, to be tabled in the Legislature. In this regard, I am pleased to provide you with Human rights under pressure: from policing to pandemics, the OHRC’s annual report of its activities from April 1, 2020, to March 31, 2021. Sincerely, Ena Chadha Chief Commissioner Ontario Human Rights Commission
Human rights under pressure:
From policing to pandemics
Top outcomes 2020–2021
• The OHRC released A Disparate Impact, • Peel Regional Police, its board and
the second interim report on its the OHRC signed a Memorandum of
inquiry into racial profiling and racial Understanding, committing to develop
discrimination of Black persons by the and implement legally binding remedies
Toronto Police Service, which confirmed to identify and eliminate systemic
that Black people were more likely than racism in policing in Peel Region.
others to be arrested, charged, over-
charged, struck, shot or killed by • After the OHRC intervened in Francis v
Toronto police. Ontario, the Ontario Court of Appeal
confirmed that segregating prisoners
• The OHRC released a Policy statement more than 15 days in a row is cruel and
on a human rights-based approach to unconstitutional, and for people with
managing the COVID-19 pandemic, serious mental illness, any segregation
guiding governments on putting human is unconstitutional. The Court considered
rights at the centre of their policy, legal, the OHRC’s work to obtain and enforce
regulatory, public health and emergency- the Jahn v Ministry of Community Safety
related responses. The OHRC also and Correctional Services consent order.
frequently updated its series of online
questions and answers explaining • The Human Rights Tribunal of Ontario
human rights and obligations during ordered Ontario’s Ministry of
the pandemic. Transportation to stop requiring
refugees to obtain state authentication
of their driving experience, relying on
• Ontario’s Vaccine Distribution Task OHRC arguments and evidence in Al-
Force said the OHRC’s COVID-19 policy Turki v Ontario (Transportation).
helped inform the province’s ethical
framework for vaccine distribution, • With coordination from the OHRC, Six
which explicitly reflects the importance Nations of the Grand River First Nation
of human rights protections and non- and the Ontario Lacrosse Association
discrimination. The government also began a process for discussions to
agreed to collect socio-demographic address concerns of anti-Indigenous
human rights data on testing for COVID- racism in lacrosse.
19, and invited the OHRC to serve on
the COVID-19 socio-demographic data
consultation group.
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Ontario Human Rights Commission 2020–2021 Annual Report 1Human rights under pressure:
From policing to pandemics
• The OHRC launched the newest version and universities responded and outlined
of its main online training program, the steps they are taking to create and
Human Rights 101. This program sustain equitable and inclusive education
features a fresh new look, expanded environments. The OHRC continues to
discussions on discrimination and the receive more response letters.
latest directions in human rights, and
outlines rights and responsibilities • The Minister of Education agreed to
under the Ontario Human Rights Code. meet with the OHRC to discuss potential
recommendations from the upcoming
• After the OHRC wrote to all public Right to Read Inquiry report on human
colleges and universities in Ontario rights issues affecting students with
about Indigenous, Black and racialized reading disabilities in Ontario’s public
students experiencing discrimination education system.
and targeting on campus, 12 colleges
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 2OHRC by the numbers
Human rights under pressure:
The OHRC’s efforts to address systemic discrimination have a profound effect on the
From policing to pandemics
lives of vulnerable people across Ontario.
The OHRC’s message:
5,341,196
Unique views of the OHRC website
3,151,124
Impressions – number of people reached –on Twitter (2,470,431),
YouTube (412,707), Facebook (239,994), Instagram (27,992)
424,069
Engagements (likes, shares, retweets, comments, reactions,
views and clicks) on Twitter, Facebook, Instagram and YouTube
35,513
OHRC social media followers and friends
OHRC public education and speaking events:
6,135
People engaged in 62 virtual training sessions and
virtual speaking events
OHRC online learning:
654,307
People who accessed eLearning courses
528,426
People who accessed Working Together: The Code and the AODA
71,983
People who accessed Call it out: Racism, racial discrimination
and human rights – a major increase over 2019–20
32,432
_________________________________________________________________________________________
People
Ontario Human whoCommission
Rights accessed Human Rights
2020–2021 101
Annual Report 3Engaging with communities and government:
Human rights under pressure:
120,035 From policing to pandemics
Unique website views for COVID-19 questions and answers
5,401
Media stories referencing the OHRC, including 41 media interviews with
the Chief Commissioner, Executive Director and OHRC subject matter experts
1,143
Media stories referencing A Disparate Impact, the OHRC’s second interim
report on the inquiry into racial profiling and racial discrimination
of Black persons by the Toronto Police Service
474
Media stories referencing the OHRC’s work related to COVID-19,
with a cumulative potential reach of 98,240,257 people
86%
School boards surveyed that use OHRC products to promote
compliance with Ontario’s Human Rights Code in their work
75%
Education stakeholders surveyed who agree or somewhat agree
that OHRC policies provide practical guidance
55%
Ontario police services surveyed that use OHRC products to promote
compliance with Ontario’s Human Rights Code in their work
11
Opinion editorials by the Chief Commissioner, OHRC statements
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 4Human rights under pressure:
From policing to pandemics
Message from the Chief Commissioner
Human rights under pressure: As government and agencies began
from policing to pandemics emergency planning based on the misplaced
notion that the pandemic didn’t discriminate,
The Ontario Human Rights Commission
the OHRC moved quickly to frame COVID-19
(OHRC) just turned 60, and next year, we
as a serious human rights issue and spotlight
will celebrate the 60th anniversary of the
the potency of its discriminatory effects.
Human Rights Code. Both the OHRC and the
Because we consistently heard how certain
Code were the first of their kind in Canada.
communities were being disproportionately
From the beginning, the Code enshrined the
disadvantaged, we understood that we had
vision and the OHRC served as the leading
to be unyielding in our pressure to call out
voice for human rights.
xenophobia and systemic discrimination that
targets vulnerable groups across Ontario.
This is a time to reflect on the past and the
many people who have shaped the evolution
This annual report offers more detail and
and advancement of the OHRC and the Code.
insight on our significant body of work, from
From the outset, as embodied by our first
the pandemic to policing. Along with pivoting
Chair, Louis Fine, and first Director, Dr. Daniel
to respond to COVID-19 issues, the OHRC
G. Hill, this advancement has depended on
continued to meet our existing commitments
meaningful engagement with communities to
– to pursue systemic change in education and
better learn the challenges they experience,
criminal justice, to promote Indigenous
their expectations of how the OHRC can help
reconciliation and engagement, and to
promote equity, the places the Code could
present poverty through a nuanced human
be strengthened, and how we could seize
rights framework.
opportunities to champion human rights.
When I was appointed Chief Commissioner
This focus on the lived experiences of
in July 2020, I was met with a flurry of
communities has never been more
activity on COVID-19, as the OHRC issued
important than this past year as Ontario
policy statements and guidelines, wrote to
and the world confronted two pandemics –
and negotiated with many ministries and
COVID-19 and the sharp rise of anti-Black
municipalities, consulted extensively with
and systemic racism. Both crises have put
affected communities, and offered practical
the values of human rights under intense
guidance to employers, service and housing
pressure and risk in our neighbourhoods,
providers. At the same time, as this annual
our schools, our health-care system, and
report clearly shows, we are continuing to
everywhere else in our society.
advance our priority commitments and
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Ontario Human Rights Commission 2020–2021 Annual Report 5Human rights under pressure:
From policing to pandemics
advocate for equity in a multitude of new contributing an expert range of talents,
arenas, relying on disaggregated data and including legal, policy, communication,
human rights principles. and often behind-the-scenes skills like
information technology and administration,
For example, as I write this, we are in the kept us solidly moving forward. Despite
final stages of completing two important the challenges of remote work, our staff
public interest inquiries that we hope will continued their deep commitment to
inspire transformational, system-wide change advancing human rights, and gave the best
in education and policing in Ontario. The first of themselves to make this happen.
is our Right to Read inquiry into human rights
issues that affect students with reading We also saw this commitment from our
disabilities in Ontario’s public education Commissioners, who steadfastly studied
system. The goal is to assess whether Ontario our work to provide their keen ideas and
is using evidence-based approaches to fulfill insights throughout the year. Like our staff,
the right to read, a crucial need for all the Commissioners played a critical role in
students. The second is our ongoing supporting the OHRC’s mandate with their
inquiry into racial profiling and racial thoughtful advice and strategic direction.
discrimination against Black people by And we saw a similar commitment from
the Toronto Police Service. the many individuals and groups across
the province, who are a testament to the
While the inquiries have faced delays and vibrancy of their communities. These
hurdles due to the pandemic, the OHRC community advisors have continued to
team is undertaking a tremendous amount support the OHRC by sharing their lived
of work to release both reports in 2021–22. realities, advising and guiding us, and
Both reports will outline our systemic findings, alerting us to emerging issues – just as they
and include a series of recommendations to have done for 60 years. On behalf of the
improve human rights in education and OHRC, I thank you all for committing to
policing across the province. promote justice and peace in our part of
the world.
The entire world faced a tumultuous year
in 2020–21, with crises ranging from a Respect, equality and dignity are at the core
pandemic to polarizing political change to of the OHRC and the Code. In 2020–21,
pronounced awareness of anti-Black and these inalienable values and human rights
anti-Asian racism and health disparities. were definitely under pressure. But with the
Across the world, and right here in Ontario, contributions of so many people across
human rights were under pressure and at Ontario, they did not diminish or break.
risk of being reduced or ignored in a time of
crisis. And the OHRC responded, thanks to
the tireless efforts of its dedicated team. Ena Chadha
OHRC staff from diverse backgrounds Chief Commissioner
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Ontario Human Rights Commission 2020–2021 Annual Report 6Human rights under pressure:
From policing to pandemics
Celebrating
60 years
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 7Human rights under pressure:
From policing to pandemics
60 years: celebrating the past, accepting
the challenge of the future
To me, human rights means respect … equal access to justice … being in touch with
some of the very most important things in this universe. Human rights to me means
that we get to live in a world with equality and peace.
To me, human rights means that you have the right to love who you want …
respect for our differences … the ability to live your life without fear …
allow people to live with dignity, freedom, equality, peace and justice …
create equal opportunities for all … built on mutual respect and understanding.
Human rights also means having a lever for those who experience inequality.
The Ontario Human Rights Commission to me means that we all get
to live in a world of peace and equality, which makes us all happier …
it means a life free from poverty and a life full of opportunity.
The Ontario Human Rights Commission means bringing this vision to life.
These are a few of the words that kicked off From our founding in 1961, the principles
the OHRC’s virtual celebration on March 29, of dignity and inclusion have inspired our
2021, as we celebrated its 60th anniversary. work and served as the cornerstone of
This YouTube event marked the start of a the transformative changes the OHRC has
15-month period of commemoration and achieved in its 60 years of human rights
celebration of both the OHRC’s 60th advocacy.
anniversary and the 60th anniversary of
Ontario’s Human Rights Code in June 2022. This spirit of dignity and inclusion has
always been embodied in our work with
The OHRC was built on the dedication communities, as we collectively seek to
and sacrifices of people who challenged the eliminate the root causes of systemic
status quo as individuals, and as members of discrimination. As the OHRC recognizes its
larger communities. At the virtual celebration, achievements, these achievements are not
we shared just a few of the many stories from ours alone. This has been a shared journey
the visionaries who have led us, pushed us realized through the insights, vision and
and worked with us to make lasting positive tenacity of the individuals and communities
change across Ontario. across Ontario who share a commitment to
equity and respect.
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Ontario Human Rights Commission 2020–2021 Annual Report 8Human rights under pressure:
From policing to pandemics
Human rights are first and foremost about Many ways to take part –
elevating the voices of marginalized groups,
watch for details
so that everyone can be heard equally with
dignity and compassion. This 15-month There will be more celebrations over
celebration is a testament to the many the months leading up to the 60th
dynamic people who have propelled the anniversary of the Human Rights Code in
OHRC to be a recognized human rights June 2022, and various ways to take part.
leader in Ontario and around the world. We will regularly update our website with
what is coming up as plans are finalized.
This year is an opportunity to look back at
the human rights heroes who led the way,
celebrate the tireless community advocates
who continue to advance human rights in
an era of uncertainty. It is also an opportunity
Media highlights
to nurture the next generation of human
rights leaders who are redefining the social • Lawyer’s Daily, April 7, 2021,
realities and who will transform the way we “Ontario Human Rights
conceptualize equality rights for decades Commission celebrates 60th
to come. anniversary” (reach: 18,895)
• Toronto Star, March 29, 2021, “How
Muhammad Ali’s iconic Canadian
debut brought Ontario’s human
View the virtual celebration rights code into focus” (reach:
A full video of the March 29 event is 1,720,773)
available on YouTube or through the OHRC
website. The video features a variety of
visionaries from the past and the present,
who share their personal experiences
Zahra Vaid @zahravaid
advancing human rights in Ontario, and
Human rights is access to justice for
add their thoughts on what the future
those who have been excluded, today &
holds. These include past and current chief
historically, from seeking redress for
commissioners and commissioners, people
wrongs done to them. It is a space, in
whose human rights cases led to ground-
law & beyond, for intersectional analysis
breaking change, and community partners
& restorative justice. Most importantly,
who support us and challenge us to
human rights can save lives. #OHRCat60
continue to advance human rights.
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Ontario Human Rights Commission 2020–2021 Annual Report 9Human rights under pressure:
From policing to pandemics
Hockey Hall of Fame sonjiapridham @pleefs
@HockeyHallFame Thank you for all the hard work you do.
In 1986 Justine Blainey-Broker was There is so much discrimination going
awarded the right to play in the MTHL on I face it all the time for disability. I
after being denied due to gender (after feel empowered to know I can fight back
she already earned a spot on a team). and that is a big comfort to me.
Join the @OntHumanRights in celebrating
60 years of protecting Ontarians.
YouTube live stream comment highlights
Fazela Haniff
Congratulations OHRC. I had the pleasure of working as a consultant when
I headed up the Urban Alliance on Race Relations 1990–1991. Great to be a
witness to all the achievements of the OHRC.
Lorin MacDonald
#accessibilitydoneright Thank you!
Wendy Porch
Congratulations on 60 years! Your work is needed now more than ever as we
see the pandemic magnify existing inequities. Thank you!
Jacquelin Pegg
It's so good to hear about these important cases from the people who fought
them. What a service they and the Commission have done for the public, over
so many years.
Robert Snikkar
Keep challenging the complacency of our institutions and our societal biases –
produce more justice for the others.
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Ontario Human Rights Commission 2020–2021 Annual Report 10Human rights under pressure:
From policing to pandemics
“I’m sure he had a tiny budget; I don’t think he had more than one or two employees
in those early years at the Commission so it was a tiny operation … He printed up
pamphlets and brochures and distributed them and travelled around in his
Volkswagen Beetle telling everybody about the Commission, sent out information to
everybody he knew in Canada and the States.”
Lawrence Hill, speaking about his father, Daniel Hill, OHRC 60th
anniversary kick-off event
“So at the age of 10 I wanted to play hockey with my brother, and they told me little
girls weren’t allowed. I was allowed to practice with him, but I was not allowed to play
with him. I was told that the girls should play with the girls, that boys should play
with the boys … we finally did win, and I did get a chance to play hockey with the boys
… full contact, body checking. All five-foot-four of me, with six-foot guys. And I loved it!”
Justine Blainey-Broker, OHRC 60th anniversary kick-off event
“The Commission’s approach of working with rather than working for communities
I think is a very critical practice of the Commission…the Commission by forming
partnerships has validated, legitimized the experience of ordinary people, given
credibility to the hard work that community-based organizations with very little
resources do, and benefited in that by involving them as equal partners the
Commission’s own work has been enriched and gained in credibility.”
Dr. Alok Mukherjee, interim chief commissioner, 1992–93, OHRC 60th
anniversary kick-off event
“The parties managed to reach an agreement with nine movie theatres who all worked
toward the agreement and the settlement and from that settlement was where we
saw rear-window captioning services available at movie theatres. That created quite
a different experience … I could have a conversation with my family about what I saw
in the movie whereas prior to the technology it was about guesswork and trying to
understand what I was watching on the big screen.”
Gary Malkowski, OHRC 60th anniversary kick-off event
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Ontario Human Rights Commission 2020–2021 Annual Report 11Human rights under pressure:
From policing to pandemics
Muhammad Ali and the A prominent symbol displayed in that
interview was the Ontario Human Rights
Ontario Human Rights Code
Code, which served as the backdrop to Ali
On March 29, 2021, the day of the Ontario declaring his right to assert his identity as
Human Rights Commission’s (OHRC) 60th a free Black man.
anniversary, the Toronto Star ran an in-depth,
multi-page photo feature story on the 55th So, what’s the background on the
anniversary of Muhammad Ali’s famous background? Why was the Code the
Toronto boxing match. This incredibly backdrop of Ali’s important human rights
popular article, called “How Muhammad Ali’s pronouncements, and was this intentional?
iconic Canadian debut brought Ontario’s
human rights code into focus,” showcased Ontario’s Code is a landmark statute, the
Ali, his civil rights activism and Canada’s first first of its kind in Canada and preceding the
human rights statute, our very own Ontario American Civil Rights Act by two years. The
Human Rights Code. Code was enacted in June 1962 to prohibit
discrimination in signs, services, facilities,
In the early 1960s, through his friendships public accommodation, and employee and
with Martin Luther King Jr. and Malcolm X, trade union membership on the grounds of
Ali stood as a strong supporter of the civil race, creed, colour, nationality, ancestry and
rights movement. In 1966, due to backlash place of origin.
for speaking out against the Vietnam War,
his name change from Cassius Clay and Today, we know Ali’s interview took place
conversion to Islam, Ali was denied access at 1260 Bay Street, where Ali attended to
to American boxing arenas. He may have sign papers in the presence of the Athletic
been ostracized for his beliefs in the U.S.A., Commissioner, who shared office space
but that loss was Canada’s gain, which is with the OHRC. The first Director of the
where this unique Ontario human rights OHRC was Dr. Daniel G. Hill. The OHRC
story unfolds. believes that Dr. Hill had a hand in placing
the Code into Ali’s interview, given Hill’s
In March 1966, Ali arrived in Toronto for dedication to the OHRC and penchant for
his historic match against Toronto boxer proudly promoting the Code.
George Chuvalo at Maple Leaf Gardens. In
the days leading up to this legendary fight, Celebrated author Lawrence Hill, son of
Ali gave a rousing and remarkable interview Dr. Hill, recalled that in the 1960s, his father
about his motivation for changing his name. was a big promoter of “storefront access” to
Ali emphasized that “Clay was not my name. human rights, along with being a huge Ali
We want to be called after names of our fan. He explains, “My father was an avid
people, names that fit us Black people and enthusiastic promoter of the OHRC.
and Clay was a White man’s name, it was He talked about it everywhere he went
a slave name, and I am no longer a slave.” and distributed posters, pamphlets and
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Ontario Human Rights Commission 2020–2021 Annual Report 12Human rights under pressure:
From policing to pandemics
information about the OHRC assiduously At the OHRC’s heart is a commitment to
and widely in Canada and the USA. He was promote and advance human rights in all
also a supreme fan of Muhammad Ali. He social sectors, and its history includes
was aware of the Ali-Chuvalo fight, because equality rights in sports. In 1987, the OHRC
I remember him speaking of it and I fought for hockey player Justine Blainey-
remember the fight too.” Broker’s gender equality to play hockey on a
male team. In 1988, the OHRC represented
Hill “can speculate about how it came to be an 11-year-old girl living with cerebral palsy in
that Ali spoke in front of the poster of the securing the right to use a ramp to participate
Code, and I have no difficulty imagining that in competitive bowling. Again, in 1993, the
my father might have been behind the OHRC challenged gender discrimination by a
effort to put the poster in the background provincial soccer association. In 2014, the
of the interview. It’s the kind of thing my OHRC engaged in a settlement requiring
father would have been delighted to do.” Hockey Canada to change its dressing
room policies across Ontario, to respect
Ali’s victory against Chuvalo on March 29, and accommodate transgender athletes.
1966, was monumental in several ways. He And in 2016, the OHRC intervened in a
remained a fighter and victor in the face of successful challenge of the inappropriate
political backlash and criticism from the use of Indigenous-themed logos and team
U.S.A. and the sports world. While there names in municipal sports. Currently, the
was some resistance to his new identity, OHRC is working to address anti-Indigenous
even in Canada, Ali stood strong. In racism in lacrosse.
Toronto, Ali sent a message around the
globe that he was his own man with the Over the past six decades, many prominent
inherent right to determine his self-identity. visionaries have had an important role in
He made clear that he was not going to promoting the OHRC. The story of
accept what his former name represented or Muhammad Ali and the Code reminds
be bound by it, and the Code is as a backdrop us how racial equality and sports are a
framed the importance of this point. significant part of Ontario’s history of
human rights.
Fifty-five years after Ali’s big win and many
sports figures today, such as Masai Ujiri of
the Toronto Raptors, use sport to speak out
Joe Callaghan @JoeCallaghan84
against and confront racial injustice. We
Today is the 55th anniversary of
often see how culture influences sport and
Toronto’s most iconic bout. It’s also the
how sport influences culture, and how both
60th anniversary of @OntHumanRights.
coalesce through human rights.
Rather than mere coincidence, this – and
the stirring visual of Ali affirming his
name change in front of the code – was
a confluence, some say.
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Ontario Human Rights Commission 2020–2021 Annual Report 13Human rights under pressure:
From policing to pandemics
COVID-19 and
human rights
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Ontario Human Rights Commission 2020–2021 Annual Report 14Human rights under pressure:
From policing to pandemics
Entrenching a human rights
policy approach during and after
the COVID-19 pandemic
By late March 2020, Ontarians were well aware that COVID-19
had turned into a worldwide pandemic. Governments at all levels in
Canada recognized they needed to act fast to avoid outbreaks in
congregate living like long-term care homes and prisons, support
front-line workers and add other supports like employment and
rent subsidies, and job and tenancy protection.
However, without a deliberate human rights-based approach, the
OHRC was very concerned the pandemic would make existing
inequalities worse for vulnerable groups, both in the short and long
term, especially for older persons, Indigenous peoples, racialized
communities and persons with disabilities.
It started with policy guidance This policy statement called on
In early April 2020, shortly after Ontario governments to:
declared a state of emergency, the OHRC • Approach preventing and treating
released a Policy statement on a human COVID-19 as a human rights obligation
rights-based approach to managing the • Respect the rights of First Nations,
COVID-19 pandemic. The statement guides Métis and Inuit (Indigenous) peoples
all levels of government to put human • Set strict limits on measures that
rights at the centre of their policy, legal, infringe rights
regulatory, public health and emergency- • Protect vulnerable groups
related responses to the pandemic. • Respond to racism, ageism, ableism and
other forms of discrimination
• Strengthen human rights accountability
and oversight.
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Ontario Human Rights Commission 2020–2021 Annual Report 15Human rights under pressure:
From policing to pandemics
Along with the policy statement, the OHRC They are:
released Actions consistent with a human • Community Advisory Group
rights-based approach to managing the • Indigenous Reconciliation
COVID-19 pandemic to help protect and Advisory Group
promote the rights to health and life, • Poverty Advisory Group
housing, work and an adequate standard of • Education Advisory Group
living, as well as to respect the UN Declaration • Employment Advisory Group.
on the rights of Indigenous peoples.
Members represent a range of Code-
The OHRC’s statements were based on protected groups and social areas.
OHRC policies, engagement with OHRC
advisory group members and Indigenous COVID-19 presented an urgent need to
peoples, and a review of guidance from the connect with stakeholders and communities
United Nations, the European Union and to hear about the pandemic’s impact on
leading Canadian and international human emerging and long-standing human rights
rights organizations. issues. We needed to know the lived
experience of people in real time to inform
The OHRC statements emphasize the need our own response to COVID-19.
to entrench human rights principles in
government responses to this pandemic Using our advisory group structure, the
and future crises, so that everyone benefits OHRC was able to connect with stakeholders
and no vulnerable groups are left behind. immediately, and over the last year has heard
This focus continues to drive much of the from all five groups on a human rights-based
OHRC’s work reaching out to government approach to managing the pandemic across
and other stakeholders to address the a range of potential policy, legal, regulatory,
disproportionate impacts of COVID-19 in public health and emergency responses.
employment, retail and other services, the
education system, congregate care living With input from these groups, the OHRC
including prisons, testing and vaccine provided guidance to a range of sectors,
distribution, and health-care services including corrections, employment,
including critical care triage. education, health, housing, social services
and long-term care.
Giving communities a voice The OHRC also engaged regularly with
in the pandemic response government ministries and COVID-19
tables, including the COVID-19 Bioethics
Over the last two years, the OHRC has
Table, the Ontario Critical Care COVID-19
established five ongoing community
Command Centre, the COVID-19 Vulnerable
engagement groups that meet regularly to
Persons Table and the Vaccine Task Force
provide advice and input on the OHRC’s
sub-groups.
strategic focus areas.
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Ontario Human Rights Commission 2020–2021 Annual Report 16Human rights under pressure:
From policing to pandemics
Indigenous engagement is an Asking – and answering –
important step in pandemic COVID-19 questions
response In March 2020, the OHRC developed
Throughout the pandemic, the OHRC has a series of questions and answers
engaged regularly with First Nations, Métis for understanding human rights and
and Inuit individuals and organizations. obligations during the pandemic. These
Early on, the OHRC sought their guidance cover the rights and responsibilities of
when developing its Policy statement on a employers and employees, tenants and
human rights-based approach to managing landlords, as well as residential institutions.
COVID-19 pandemic that identifies respect
for First Nations, Métis and Inuit rights As issues have arisen over the past year,
as a core principle. As the pandemic the OHRC has updated this information to
progressed, the OHRC has continued to reflect issues such as:
engage Indigenous partners on various • Can an employer, landlord, store, school,
issues including socio-demographic data municipality or other organization require
collection, barriers to returning to school me to wear a mask because of COVID-19?
and vaccine distribution. • Can my employer ask me if I have tested
positive for COVID-19? Can they disclose
In its advisory group meetings, the OHRC that information and my name to other
has asked Indigenous members to share employees?
issues of particular concern to their • I do not believe in vaccinations (or masks
communities. And the Chief Commissioner and lockdowns). Does the Human Rights
met with the leaders of many Indigenous Code exempt me based on creed from
communities and organizations to establish COVID-19 requirements like providing
new relationships and learn about distinct proof of vaccination?
community concerns and priorities. In all
of these meetings, the OHRC has asked Online users visiting the OHRC’s English
if there are ways it can be of assistance questions and answers page spent an
in addressing inequality. average of over seven minutes reading this
page. This is far greater than the time spent
The OHRC has also repeatedly called on on any other OHRC website page over the
government and other duty holders to past few years, and is also impressive
consult with Indigenous leaders and considering the industry benchmark for
knowledge-keepers when making decisions, effective page view time ranges from two
taking action, and allocating resources to to three minutes.
address the pandemic.
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Ontario Human Rights Commission 2020–2021 Annual Report 17Human rights under pressure:
From policing to pandemics
The Qs & As have played a valuable role recommend collecting and using this data
in fielding concerns from the public, from to inform decision-making in a variety
housing and other service providers as well of sectors.
as from employers and employees. They
also continue to be a valuable resource If properly collected, demographic data is a
for media and stakeholder requests, and valuable instrument and a best practice for
have helped sustain the message that the promoting equity, especially during crises
pandemic is a human rights issue. like COVID-19. Strong data allows healthcare
leaders to identify populations at heightened
risk of infection or transmission, to efficiently
deploy scarce health resources, and to
Shireen Jeejeebhoy @ShireenJ ensure all Ontarians have equal access to
If you’re concerned about your human public health protections. If one segment of
rights during #coronavirus pandemic, Ontario’s population is overlooked as we fight
here’s a Q&A. #COVID19 #onpoli to flatten the curves, we risk prolonging the
#SelfIsolation #PhysicalDistancing pandemic or triggering its resurgence.
In April 2020, the OHRC issued a statement
encouraging the government to heed the
Ombudsman Toronto advice of health and human rights experts
@ombudsmanTO who agree that Ontario needs demographic
What are your human rights and data to effectively fight COVID-19.
obligations? Access the OHRC's new
resource on your #COVIDRights In October 2020, the OHRC met with
Ontario’s Associate Chief Medical Officer
of Health. The Ministry of Health then
invited the OHRC to serve on the
Socio-demographic data government’s COVID-19 Sociodemographic
collection a vital tool Data Consultation Group. This group met
every two weeks until the end of 2020.
Since March 2020, the OHRC has
heard from stakeholders, Indigenous
The group’s objectives were to provide
organizations and public health experts
input on the use of socio-demographic
about the importance of collecting and
data being collected about people who had
reporting on socio-demographic data
contracted the virus, to reduce inequities
during the pandemic. Throughout the
in COVID-19 infection and adverse health
past year, the OHRC has continued to
outcomes. They advised on how socio-
demographic data should be:
• Used to strengthen the response to
COVID-19 infection, particularly for
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 18Human rights under pressure:
From policing to pandemics
communities at greater risk research and section 45 on disclosure for
of infection planning and managing the health system.
• Analyzed, interpreted and communicated
to maximize benefits for affected In its April 2020 guidance on a human
communities, while avoiding rights-based approach to managing the
stigmatization or other potential harms COVID-19 pandemic, the OHRC highlighted
• Linked with other health system data, the need for government to collect health
to reduce health disparities for and other human rights data on the response
individuals/communities at risk of to the pandemic, disaggregated by the
COVID-19 infection. grounds of Indigenous ancestry, race, ethnic
origin, place of origin, citizenship status, age,
The OHRC continues to actively monitor disability, sexual orientation, gender identity,
the government’s commitment to collect social condition, etc. Referring to a recent
disaggregated socio-demographic human letter from the Ontario Federation of
rights data on the COVID-19 response, and Indigenous Friendship Centres to the special
to offer its assistance. advisor on the Ontario Health Data Platform,
the OHRC noted the essential need for
including Indigenous-specific data in socio-
demographic data collection for COVID-19.
Providing guidance for Ministry
The OHRC also recognized the need for
of Health regulatory changes a longer-term solution to collect human
In June 2020, the OHRC made a submission rights information through the OHIP
to the Ministry of Health on proposed registration form.
amendments to Ontario Regulation 329/04
made under the Personal Health Information Ontario Regulation 569 made under the
Protection Act (PHIPA). Among other things, Health Protection and Promotion Act
the proposed amendments prescribed In June 2020, the OHRC welcomed the
elements for collecting, using and reporting proposed amendment to Ontario
personal health information collected Regulation 569 made under the Health
through the electronic health record. Protection and Promotion Act (HPPA) that
Consistent with previous statements, the requires collecting information on race,
OHRC recommended that the government income level, language and household size
consider making sure that current and/or for people who test positive for a novel
proposed amendments to the regulation coronavirus, including COVID-19.
do not bar collecting, using and disclosing
information on vulnerable populations In our submission on this, as in our
identified by grounds under Ontario’s submission on amendments to Regulation
Human Rights Code, collected through the 329/04, the OHRC recommended the
electronic health record, as set out under Ministry of Health consider expanding
PHIPA, including section 44 on disclosure for the required collection of information to
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 19Human rights under pressure:
From policing to pandemics
include other vulnerable populations During meetings held in spring, summer
identified in Ontario’s Human Rights Code, and late fall 2020, stakeholders, including
disaggregated by the grounds of ARCH Disability Law Centre, the AODA
Indigenous ancestry, race, ethnic origin, Alliance and the Canadian Association for
place of origin, citizenship status, age, Retired Persons raised serious concerns
disability, sexual orientation, gender that the protocol disproportionately
identity, social condition, etc. affected vulnerable groups and violated
human rights.
In October, the OHRC wrote back to the
Protecting against the
Minister acknowledging the Bioethics Table
discriminatory impact of had held productive consultations and made
critical care triage improvements in their latest proposals, but
In March 2020, human rights stakeholders noting that significant human rights concerns
and the media began raising concerns remained. The OHRC called on the Ministry to:
about a triage protocol that was developed • Issue clear communications that health
for Ontario on how hospitals would care providers must not use earlier
withhold or withdraw critical care services versions of the protocol
if COVID-19 cases surged above ICU bed • Meaningfully consult with vulnerable
and ventilator capacity. groups and their representatives,
including Indigenous peoples, Black and
In early April 2020, the OHRC called on the other racialized communities, people
Minister of Health to pull the protocol, with disabilities, older persons as well
begin consulting with vulnerable groups as independent experts, for their
and advocacy organizations and develop perspectives and participation
an approach that followed human rights throughout the process to develop,
principles and laws. Ontario Health and the finalize and implement a protocol
COVID-19 Bioethics Table had developed • Ensure a revised protocol recognizes
the protocol. They reached out to the OHRC human rights as the primary guiding
and we welcomed the opportunity to help principle and law
arrange and take part in discussions with • Make sure there is a legislative basis for
human rights stakeholders. initiating the use of the protocol during
a pandemic surge
• Exclude any clinical assessment criteria
or tools that are not validated for critical
care triage and do not factor in the
positive effect of accommodation
supports on a person’s predicted
mortality
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 20Human rights under pressure:
From policing to pandemics
• Define short-term predicted mortality as
the predicted risk of death in the initial Media highlights
weeks and months, and not one year • Globe and Mail, March 28, 2021,
after the onset of critical illness “Ontario COVID-19 surge could
• Provide for governance and force doctors to use online
accountability mechanisms, including calculator to make life-and-death
responsibility for initiating the protocol, decisions” (reach: 7,000,000)
patient consent and appeals, data • Globe and Mail (Canadian Press),
collection and independent monitoring January 13, 2021, “Medical staff
for negative consequences need guidance on life-or-death
• Continue equitable COVID-19 prevention triage decision as ICUs fill up:
efforts to avoid the need to initiate the experts” (reach: 5,209,187)
protocol and the negative impacts on • Globe and Mail, February 7, 2021,
vulnerable groups. “Ontario's life-and-death
emergency triage protocol remains
By end of 2020, the second wave of COVID- a work in progress”
19 cases was well underway. Hospitals were (reach: 2,587,597)
now receiving modified versions of the • Toronto Star, October 4, 2020, “As
protocol from Ontario’s COVID-19 Critical Ontario hospitals face new wave of
Care Command Centre after the Ministry COVID-19, disability advocates
had finally rescinded earlier versions. want triage protocol released”
However, these revised documents were (reach: 1,720,773)
never shared directly with the OHRC • TVO, January 15, 2021, “What
and stakeholders. happens to disabled Ontarians if
we run out of ICU beds?”
The OHRC wrote to the Minister again (reach: 152,855)
in November, December and March and
continues to call for public release of the
most recent documents shared with
hospitals and open consultation with
wendyporch @wendyporch
vulnerable communities most affected by
Thank you to @OntHumanRights for
life-and-death decision-making on critical
supporting representation from
care triage.
vulnerable groups in the development of
any triage protocol. People with
disabilities deserve a place at the table
when their lives are literally on the line!
_________________________________________________________________________________________
Ontario Human Rights Commission 2020–2021 Annual Report 21Human rights under pressure:
From policing to pandemics
Advancing equitable In his response in February 2021, General
(Retired) Hillier advised that the OHRC’s
vaccine distribution
Policy statement on a human rights approach
In December 2020, the OHRC wrote to to managing the COVID-19 pandemic and
General (Retired) Rick Hillier, Chair of the related guidance helped inform the
Vaccine Distribution Task Force, to stress development of an ethical framework
the important role that human rights for vaccine distribution, and that the
principles, considerations and obligations framework should be read in conjunction
should play in vaccine distribution planning. with this policy statement. He noted that
the importance of human rights protections
The OHRC recognized the herculean task of and non-discrimination were explicitly
planning and distributing vaccines across reflected in the province's ethical
Ontario, while stressing that many Code- framework, and thanked the OHRC for
protected groups experience poverty and valuable insight on how human rights
are more likely to be exposed to the risk principles can play an important role in
of contagion, but are not as likely to be Ontario’s vaccine program.
protected from COVID-19 by ready access
to testing and health services. The letter As vaccine rollout continues, the Chief
stated it was imperative that access to Commissioner and OHRC staff have met
vaccines be provided to all Ontarians several times with senior managers from
without discrimination, and prioritized for the Ministry of the Solicitor General and the
the people who are most exposed and Anti-Racism Directorate, to provide further
vulnerable to the risks. human rights advice on the rollout for
vulnerable people. The OHRC continues to
The OHRC advised that a vaccine distribution promote how ethical and human rights
strategy should be based on evidence of obligations must be reflected in pandemic
individuals’ increased risks of exposure, planning, with special attention to
transmission or death rather than vulnerable communities.
stereotypes; and should be framed in
ways that avoid stigmatizing vulnerable
groups. The strategy should also include
Lisa Richardson (She/Her)
disaggregated data collection and
@RicharLisa
monitoring to ensure Code-protected
I just had the pleasure of meeting
groups experience equitable access to
Ena Chadha, Chief Commissioner of
vaccines and are not disproportionately
@OntHumanRights, who spoke about
affected, and should make adjustments
the need for a human rights lens in
and accommodations where needed,
vaccine distribution & about a backlash
especially where evidence shows groups
of anti-Indigenous racism in the context
have historically unequal access to health
of Indigenous people being a priority
services.
group for the vaccine.
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Ontario Human Rights Commission 2020–2021 Annual Report 22Human rights under pressure:
From policing to pandemics
Working with Indigenous COVID and corrections
leaders and health-care As part of our work relating to the COVID-19
professionals on vaccine issues pandemic, the OHRC has also been engaged
with the Ministry of the Solicitor General
In December 2020, the Chief Commissioner
(SOLGEN) on the state of COVID-19
and an OHRC team met with Ontario
transmission in Ontario's adult correctional
Regional Chief RoseAnne Archibald and
system. Since the outset of the pandemic,
a group of Indigenous health leaders to
the OHRC has been receiving regular reports
discuss COVID-19 vaccine roll out. Ontario
from SOLGEN, including detailed information
Regional Chief Archibald, who serves on the
on custody numbers, outbreaks and
government’s Vaccine Distribution Task
measures being taken to respond. The OHRC
Force, convened the meeting to hear from
has consistently provided input to SOLGEN
the OHRC and Indigenous health leaders
on the importance of applying a human
on human rights concerns with access to
rights lens, with a particular focus on
vaccines. Her goal was to establish lines
enhancing transparency and communication,
of communication with the OHRC and
supporting family contact, trying to maintain
Indigenous health leaders to bring
custody numbers that are as low as possible,
information to the Task Force.
and the importance of clear human-rights
based tracking and data collection. Ensuring
The meeting touched on the unique needs
a human rights-oriented approach to
of Indigenous communities living in urban
addressing the pandemic is critical given the
and rural areas, and on First Nation
high number of prisoners with mental health
reserves, in accessing the vaccine. The
disabilities, and the over-representation
OHRC’s Chief Commissioner spoke about
of Black and Indigenous people inside
the need for ongoing socio-demographic
the system.
data collection during vaccine roll-out,
maintaining open lines of communication,
and the need to flag the potential for hate,
stigmatization and racism against groups Examining human rights in
receiving the vaccine on a priority basis. long-term care review
In August 2020, the OHRC wrote to
The OHRC continues to monitor the vaccine
Associate Chief Justice Frank N. Marrocco,
roll-out and its impact on Code-protected
the Chair of the Independent Long-Term
groups, including Indigenous peoples.
Care COVID-19 Commission, to stress the
important role that human rights principles
should play in the review of government
and long-term care responses to COVID-19.
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Ontario Human Rights Commission 2020–2021 Annual Report 23Human rights under pressure:
From policing to pandemics
The OHRC drew the commission’s attention In addition to hearing about the threat of
to the OHRC’s Policy statement on a human losing housing because of the pandemic,
rights approach to managing the COVID-19 the OHRC monitored reports of the serious
pandemic and related actions. The OHRC barriers tenants faced at the Landlord and
emphasized that both the residents and the Tenant Board (LTB), particularly during
staff of long-term care facilities in Ontario virtual hearings. Legal clinics were reporting
are vulnerable populations at risk of that low-income tenants were being denied
discrimination based on disability, age, race justice because they could not take part in
and other grounds protected in the Human virtual hearings due to the lack of technology
Rights Code. or reliable Internet because of poverty,
disability or remote location. At the same
time, there were reports that LTB was unable
to offer online mediation or facilitate
Avoiding a pandemic
resolution discussions between landlords
of evictions and tenants.
Housing is a human right. International
law states that Canada must work towards In November 2020, TVO published the Chief
making sure everyone has access to Commissioner’s opinion editorial, “Staying
adequate and affordable housing. But home during COVID-19 isn’t possible if you
some people, based on factors such as don’t have a home.” This op-ed called for
race, ancestry, disability, sex, family status a shift in focus to recognize that safe,
and social and economic status, do not accessible and affordable housing is
enjoy the housing rights they are entitled an equity imperative rather than just a
to. When multiple factors intersect, the financial commodity. OHRC staff also met
disadvantage increases and people are at with counsel representing groups of
even greater risk of discrimination, poverty tenants at the LTB to learn first-hand
and even homelessness. about the issues.
COVID-19 has reinforced that housing The Chief Commissioner met with the
means more than just a physical space: it Executive Chair of Tribunals Ontario, to
lays the foundation for our safety, security discuss what immediate action they could
and dignity. Yet due to job loss, health and take to address the access-to-justice issues at
other social and economic factors, many the LTB. The Executive Chair was receptive
vulnerable groups have lost housing during to the OHRC’s concerns and outlined several
the pandemic or are at serious risk of losing initiatives Tribunals Ontario would pilot to
their housing. address issues of access. The OHRC
continues to monitor this closely and is
prepared to take further action if required.
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Ontario Human Rights Commission 2020–2021 Annual Report 24Human rights under pressure:
From policing to pandemics
Media highlights
• Toronto Sun, April 3, 2020, CERA @CERAOntario
“Terminally-ill woman with 3 kids If you have an underlying health
allegedly forced out of shelter condition or disability and are worried
during pandemic” about landlord entry during COVID,
(reach: 1,101,752) you can ask for accommodation under
• TVO, January 22, 2021, “Is the the @OntHumanRights Code. Our self-
Landlord and Tenant Board’s advocacy toolkit walks you through
‘digital first’ approach leaving this process https://bit.ly/3sQwhLM
Ontario renters behind?” #onpoli #Right2Housing
(reach: 152,855)
• TVO, November 2, 2020, “‘Staying
home’ during COVID-19 isn’t
possible if you don’t have a home”
(reach: 152,855)
“I can remember having public meetings [on mental health] in universities for
example, colleges and universities, and the rooms being packed and line-ups of
students, faculty, and community members, with questions or comments… It
really underlines the issues out there and the need to address them. In schools,
in workplaces, in families and out and about in our communities. It was a really
important piece of education and policy and people understood for the first time
that when the Code said disability that they were included and they could do
something about the discrimination they were facing.”
Barbara Hall, chief commissioner, 2005–2015
“I believe that community legal clinics play a very important role in advancing social
justice in Ontario … all of these clinics play a very important role in advancing justice
through systemic advocacy work … And that really intersects with the systemic
advocacy work on the part of OHRC.”
Avvy Go, OHRC 60th anniversary kick-off event
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Ontario Human Rights Commission 2020–2021 Annual Report 25You can also read
