Human rights in housing – Ontario housing law basics

Human rights are rights that are inherent to all people simply because we are human beings.

Human rights do not refer to just one law or set of guidelines. There are different human rights laws around the world. In Canada, typically when we say that something is a “human right,” we’re referring to a protected right under either a provincial or a federal law. Those human rights are informed by the Universal Declaration of Human Rights, which was proclaimed by the United Nations in 1948. There are a total of 30 rights protected under the Declaration, including the right to be free from slavery, free from torture, and the right to freedom of expression.

The right to housing is another right protected under the Declaration. Under international human rights law, the ‘right to housing’ is recognized as the right of every person to a safe and secure home where they can live in security, peace and with dignity. A set of standards have also been recognized to ensure that a home is adequate for its inhabitants, including that it is affordable, secure, habitable, accessible, close to services, in an acceptable location, and culturally appropriate.

The first two articles of the Universal Declaration of Human Rights state that all individuals are entitled to access the other rights in the declaration equally, and free from discrimination.

Find out more about the Universal Declaration of Human Rights

In Canada, human rights are protected by different laws at the federal and the provincial level. Certain rights found in the Universal Declaration of Human Rights are protected by the Charter of Rights and Freedoms, like the right to freedom of expression or freedom of religion.

The first two articles of the Universal Declaration of Human Rights state that all individuals are entitled to access the other rights in the declaration equally, and free from discrimination. This right is protected by some sections of the Charter of Rights and Freedoms, but the Charter only protects groups or individuals from discrimination by governments. It does not apply to interactions between private individuals, business, or organizations.

• Find out more about the federal laws that protect human rights

Each province and territory has its own laws that protect individuals from discrimination when interacting with private organizations. In Ontario, the Human Rights Code protects individual from discrimination and unfair treatment.

In Ontario, the Human Rights Code protects individuals from discrimination in five social areas:

• services
• housing
• contracts
• employment
• membership in a vocational association and/or trade union

People in Ontario have the right to equal treatment and freedom from discrimination in each of these areas.

If someone is discriminated against or treated unfairly but the treatment is not related to one of those five areas, then it is not considered discrimination under the Human Rights Code. For example: two customers at a store get into an argument and one makes a derogatory remark to the other. This behaviour may be disrespectful and hurtful, but it is not considered to be discriminatory treatment under the Human Rights Code. The situation did not occur in one of the five social areas covered by the Code. Different laws govern interactions like this between two private individuals.

The Code also does not protect every type of unfair treatment. Instead, it identifies different grounds upon which individuals should not face discrimination. If a person is treated unfairly but the treatment is not connected with one or more of the protected grounds, then unfortunately it is not considered discrimination under the Human Rights Code.

Some grounds only apply to specific types of services. For example, a person cannot be discriminated against for receiving public assistance (like Ontario Works or ODSP) when they are applying for housing, but this ground of protection does not apply to the other four social areas.

The sixteen grounds that are protected when accessing housing are:

• Disability
• Race
• Colour
• Ancestry
• Place of origin
• Citizenship
• Ethnic origin
• Creed (religion)
• Receipt of public assistance (housing only)
• Gender Identity
• Gender Expression
• Sex
• Sexual orientation
• Marital status
• Family status
• Age

Find out more about discrimination in housing

Unlike the police who patrol the streets to watch for criminal activity, there is no body or entity responsible to monitor or report discriminatory treatment under the Human Rights Code. However, if an individual has experienced discrimination or harassment under the Code, they can file an application with the Human Rights Tribunal.

The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. Applicants that file with the Human Rights Tribunal may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order a remedy, for example financial compensation.

Find out more about the human rights system in Ontario

If you would like assistance filing a human rights complaint, contact the Human Rights Legal Support Centre:

• Call: 1-866-625-5179
• Visit: www.hrlsc.on.ca