Protected Grounds

Race

The Ontario Human Rights Commission has explained "race" as socially constructed differences among people based on characteristics such as accent or manner of speech, name, clothing, diet, beliefs and practices, leisure preferences, places of origin and so forth. The process of social construction of race is called racialization: "the process by which societies construct races as real, different and unequal in ways that matter to economic, political and social life."

Recognizing that race is a social construct, the Commission describes people as "racialized person" or "racialized group" instead of the more outdated and inaccurate terms "racial minority", "visible minority", "person of colour" or "non-White".

Colour

The term "colour" in human rights work generally refers to the colour of a person’s skin. It is important to remember that every person’s skin has a colour.

National or Ethnic Origin

This ground refers specifically to the place from which a person or group, or that person or group’s ancestors, come. By differentiating between "national" (the political collective) and "ethnic" (the racial, social or cultural collective), the ground is designed to cover all possibilities. Note, however, that the term "national" does not appear in all Human Rights Codes in Canada.

The term "Creed" is also used as a synonym for Religion on some Codes. Religion or Creed refers to spiritual beliefs and practices. It is important to remember that a person or group can face discrimination on the basis of their belonging to a particular religion or on the basis of the particular beliefs or practices of that religion.

Age refers to a person’s chronological age, whether actual or perceived. While most people think of discrimination against older people under this ground, discrimination can affect any age group. Employers, for example, may refuse to hire persons under the age of 35 for a particular position, arguing that the position requires a level of maturity that people under 35 do not possess. Making generalized assumptions about the ability of individuals because of their age runs counter to human rights principles. This ground can refer to an individual's actual age, his or her membership in a specific age-group, (e.g., 45 to 50, or over 60), or to a generalized characterization of his or her age (e.g., too old, or too young). In some jurisdictions, the mandatory retirement age has been eliminated on human rights grounds.

Sex refers to the condition of being male or female. Under section 3(2) of the Canadian Human Rights Act, discrimination related to pregnancy or child-birth is considered to be discrimination on the ground of sex.

The term 'sexual orientation' refers to:

• Heterosexuality (sexual attraction to members of the opposite sex)
• Homosexuality (sexual attraction to members of the same sex)
• Bisexuality (sexual attraction to members of both sexes).

Marital or partnership status refers to the condition of being:

• Single;
• Legally married;
• Common-law spouses (whether opposite-sex or same-sex);
• Widowed
• Divorced

The definition of 'Family status' varies according to jurisdiction. In general, however, it refers to 'the inter-relationship that arises from bonds of marriage, consanguinity or legal adoption, including of course, the ancestral relationship, whether legitimate, illegitimate, or by adoption, as well as the relationships between spouses, siblings, in-laws, uncles or aunts, and nephews or nieces, cousins, etc.'

Section 25 of the Act defines disability as being either:

• Physical or mental
• Previous or existing
• Including dependence on alcohol or a drug

A disability can be either permanent (e.g., a visual or mobility impairment), or temporary (e.g., a treatable illness or temporary impairment which is the result of an accident). In determining whether a temporary illness would be considered a disability under the Act, it is important to consider the effects the illness is alleged to have had on the complainant's employment or ability to obtain a service, not only the nature of the illness itself.

Please note, discrimination on the basis of disability covers situations where a disability actually exists or where the person whose behaviour is impugned merely perceives that the target has a disability.

Section 25 of the Act defines this ground as a conviction for which a pardon has been granted by any authority under law. Once a pardon has been granted, differential treatment because of a conviction for that crime is prohibited. People who have been pardoned of conviction of an offence deserve the same chance as everyone else to make the most of life.