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Legal - Know The FACTSIs it Law? Is this policy of "eradicating homophobia and heterosexism" mandated by law? Absolutely not! HWDSB keeps saying they are following the Charter of Rights and The Ontario Human Rights Code. The Ontario Human Rights Commissions (interpreters and policy makers that are supposed to be consistent with the Code itself) are leaders in promoting sexual rights, as are the Teachers Federations. However, many OHRC policies have not been tested in the Courts. The new OHRC Sexual Orientation Policy errs in affirming that sexual orientations are immutable (and therefore a normal expression of sexuality), and stands upon this claim as a basis of labelling those people who will not accept it as normal as homophobic and heterosexist, terms made up by the proponents of the immutability and normalcy of sexual orientations. Research and hundreds of years of science refutes their stance.The OHRC states the following:, "homophobia and heterosexism are terms used to describe prejudice relating to sexual orientation. They refer to the assumption that heterosexuality is superior and preferable, and is the only right, normal or moral expression of sexuality. Both may also be the basis for negative treatment of gay, lesbian, or bisexual people based on sexual orientation. Although these terms are closely related and overlapping, they also can emphasize different aspects and expressions of prejudice, and can therefore be helpful in identifying and addressing different aspects of the discrimination and harassment experienced by lesbian, bisexual or gay people...," and this is the basis in which the HWDSB Steering Committee is basing its current policy direction. FACT: All official laws of the land support the equality of persons (not conduct of sexual orientations) and the categories by which all persons are protected from discrimination. Those are: "This right to be free from discrimination and harassment applies to employment, facilities, accommodation and housing, contracts and membership in unions, trade or professional associations." All said laws protect persons from harassment. FACT: An Equity Policy is to address inequities faced by those persons who are disadvantaged due to race, gender, economic status, and disability. No such mandate is given for sexual orientation. However, the HWDSB decided to include it. Equity Policies are to bring needed resources to individual students that require said resources in order to be successful in school, e.g. educational assistants for those who require them. FACT: The HWDSB already has an anti-harassment policy in place, and there are provincial laws against discrimination already. OHR Commission has a booklet (guide) regarding Compliance with the Duty to prevent Sexual Harassment. FACT: Human Rights Code - See Exemption clause, PART II Section 11 following: a) PART I - Section 1 Freedom From Discrimination Services: " 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." b) PART II- Section 11 (1) Constructive discrimination: A right of a person under Part I is infringed where a requirement, qualification or factor exists that is not discrimination on a prohibited ground but that results in the exclusion, restriction or preference of a group of persons who are identified by a prohibited ground of discrimination and of whom the person is a member, except where, (a) the requirement, qualification or factor is reasonable and bona fide in the circumstances; or, (b) it is declared in this Act, other than in section 17, that to discriminate because of such ground is not an infringement of a right. R.S.O. 1990, c. H.19, s. 11 (1). c) PART II Section 11. (2) Bona fide reasons The Commission, 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. A Solution: As stated above, there are numerous medical consequences to acting upon same-sex attractions. The financial cost will also be high. Therefore, we believe that this policy should be addressed with consideration to this exemption clause of the Code. Legal Decisions:
FACT:Number of Complaints filed at the Ontario Human Rights Commission regarding sexual orientation is very minimal. Note Table 1 on its webpage. FACT:Authority * Parental priori right: U.N. Universal Decl. of Human Rights Article 26 (3) - Parents have a prior right to choose the kind of education that shall be given to their children. * Ontario Human Rights Code. * Community Consultation: HWDSB Communication Audit |
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