The recent shootings in Paris, France, targeting the satirical news source Charlie Hebdo and kosher supermarket Hyper Cacher, have raised questions about freedom of the press and concerns about religious discrimination.

A quick look through the commentary on many news sites indicates that a significant proportion of individuals don’t know when or how their rights are protected.

In Ontario, we have a number of laws that govern our rights.

The most well-known of these laws is the Canadian Charter of Rights and Freedoms. The Charter guarantees our fundamental freedoms, such as freedom of conscience and religion, thought belief, opinion and expression, including freedom of the press and other media of communication. The Charter also guarantees our basic democratic rights and legal rights, as well as equality rights that prohibit discrimination on the grounds of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

What most people don’t know, however, is that the Charter only protects us from discrimination by federal bodies, for example, the government or the police. It doesn’t protect us (in most cases) from discrimination by a private business, a neighbour, or an employer.

Thankfully, in Ontario, we have additional laws that protect us from discrimination by other sources. Ontario’s Human Rights Code, for example, protects people from discrimination in areas of housing, work, contracts, or goods and services. It also protects us from discrimination on multiple grounds, including race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, and in the case of housing, receipt of public assistance.

The Canadian Human Rights Act works similarly to the Ontario Human Rights Code, but on a federal level.

So how do these rights play out in real life? Well, the act of publishing satirical cartoons, such as those illustrated by Charlie Hebdo, would be allowed and protected by our Charter as freedom of the press, or freedom of speech, thought, or expression. If an individual was offended by the cartoons, however, they couldn’t use the Charter to protest the publication. They would need to make an argument for discrimination under the Ontario Human Rights Code or Canadian Human Rights Act.

The recent terrorist attacks in Paris have been followed by a number of peaceful demonstrations of solidarity throughout France and worldwide. Many Muslims have also spoken out against ISIS and recent events, declaring that the attacks were #NotInMyName.

Concerns have been raised regarding potential backlash against Muslim populations, which, if it came to pass, would be religious discrimination and not permitted by law.

Simply knowing your rights can go a long way toward ensuring they are respected. However, even when you know your rights, there are instances where those rights may be trampled anyways; and in those cases, there is recourse.

You must first decide how your rights are being violated and by whom, and whether it is a federal or provincial matter. An application must then be brought to either the Ontario Human Rights Commission or the Canadian Human Rights Commission. Your case will be heard by a Tribunal Member and a decision will be made regarding the best remedy given the circumstances.

A paralegal can explain to you what your rights are and who has jurisdiction over protecting them. A paralegal can also assist or represent you through a Human Rights Tribunal application, whether federal or provincial.

If you have questions about your rights or feel like your rights have been violated, we welcome you to get in contact with one of the licensed paralegals at Access Legal Services by calling 416-733-8880 or emailing at consultation@accesslegal.ca.

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Our rights are something we often take for granted, and Ontario’s Human Rights Code is to be taken into consideration in all areas of life, including the workplace. But what are our rights, as employee or employer, and how might they play out in a scenario such as this one?

As stated in the Preamble to the Human Rights Code R.S.O. 1990, CHAPTER H.19,

… it is public policy in Ontario to recognize the dignity and worth of every person and to provide for equal rights and opportunities without discrimination that is contrary to law, and having as its aim the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province.

An individual’s disability, for example, may make it impossible for him or her to fulfill the responsibilities of their employment. In some cases, this may lead to paid disability leave; in others, employment termination. How do human rights factor into those cases?

When a suitable position is made available, even after long-term disability benefits have been granted and paid out, or after an individual’s employment has been terminated, that person may still be entitled to employment reinstatement.

Jian Ghomeshi’s termination from his position at CBC is an interesting and current case in point. If the behaviour he has been accused of is determined to have been caused by a medical disorder or disability, the Court may rule in favour of reinstatement.

It would then become the employer’s responsibility to alter the individual’s job description to accommodate for a disability; or, in the alternative, consider the individual for a different position better suited to his or her skills and level of ability.

According to the Human Rights Code,

The Tribunal or a court shall not find that a requirement, qualification or factor is reasonable and bona fide in the circumstances unless it is satisfied that the needs of the group of which the person is a member 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.

In the following case law excerpt, reinstatement was deemed an appropriate remedy to the respondent’s prior employment termination:

http://www.canlii.org/en/on/onscdc/doc/2014/2014onsc2411/2014onsc2411.html

For more information about your legal rights, contact Access Legal Services at (416) 733-8880 or e-mail us at consultation@accesslegal.ca.

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One of the biggest difficulties a number of our clients face when they make a claim for benefits under the Workplace Safety and Insurance Board (WSIB) is that they didn’t report an injury early enough. Several of our clients have initially been denied benefits because they didn’t tell their employer immediately about their injury or they didn’t seek medical attention from a doctor right away.

It is incredibly important that as soon as a worker suffers an injury that they tell a supervisor, boss, and even a co-worker. The employer will then have a legal obligation to report the injury to the WSIB. Telling a co-worker could also mean a potential witness should your employer ever deny that you told them you were injured on the job. If you are a member of a union, it is also beneficial to keep your union steward or rep in the loop because they can also help to protect your rights. Many clients have sought our help when the WSIB has denied them benefits because they did not seek out medical attention soon enough. This means that it is equally as important that you seek medical attention as soon as possible.

For more information about your legal rights, contact Access Legal Services at (416) 733-8880 or e-mail us at accesslegal@rogers.com

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All regulated professionals owe a legal duty of care and impartiality to their clients. Some of regulated professions include accountants, real estate agents and brokers, lawyers and paralegals, engineers, dentists, massage and occupational therapists. All such professions have a regulatory body and/or professional association which provide extensive information and guidance on ethical and professional standards. These standards are in place in order to protect both the professionals and the public in general. Non-compliance with rules can result in disciplinary actions, including suspension and termination of professional licenses, and civil law suits, which may result in substantial financial loss.

The most common principle among professional code of conduct is that of honesty, trust and full disclosure. All professionals have a duty of being open with his/her client. Where a conflict of interest exists, i.e. when working with conflicting clients, the professional has a duty to notify both of such conflict and, normally, withdraw his/her assistance.

Professionals should check with their associations frequently to stay up to date with regulatory standards.

If you have been a victim of professional misconduct or are accused of such, call Access Legal Services PC – we can help.

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Paralegals, like lawyers, are legal consultants and representatives licensed by the Law Society of Upper Canada. Unlike lawyers, paralegals specialize in a narrower spectrum of legal services. For example, while Access Legal Services focuses on accident benefits claims and work-related accidents, our paralegals are barred from handling matters before Superior Court of Justice and higher courts. Luckily, most Canadians will never get exposed to proceedings before courts other than Provincial Offences, Small Claims and administrative tribunals.

The Law Society allows licensed paralegals to provide legal advice and representation and draft legal documents for matters:

• in Small Claims Court, including claims of up to $25,000 excluding legal costs and disbursements
• in the Ontario Court of Justice under the Provincial Offences Act, including traffic and auto insurance offences, fishing & hunting license violations, and municipal by-laws violations
• on summary conviction offences where the maximum penalty does not exceed six months’ imprisonment, such as disorderly conduct, harassing telephone calls, indecent acts, public nudity, etc.
• before administrative tribunals, including the Financial Services Commission of Ontario, License Appeal Tribunal, Work Safety Insurance Board, and over 200 other tribunals in Ontario alone.

Concentration on WSIB and FSCO claims provides Access Legal Services paralegals with the ability to provide specialized, cost-effective and client-oriented services, providing a definite advantage to our clients.

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