Online Assignment 4 (S1) 2020 - QUESTIONS & ANSWERS

1. Describe the range of remedial powers available to human rights tribunals in

Canada. Why is it considered necessary to grant the tribunals such broad
remedial powers?

2. What is “forum shopping,” and how does the human rights model in Canada
regulate it?

3. If an employer’s rule requiring all employees to lift 20 kilograms leads the

employer to reject a job applicant with a disability, does it necessarily follow that
the employer has unlawfully discriminated against the applicant? Explain your
answer.

4. Describe the two-step analysis used by human rights tribunals and courts when
assessing whether an employer rule or requirement violates human rights
legislation.

LOOK AT THE ONTARIO HUMAN RIGHTS CODE. LOOK AT THE PREAMBLE. NOW
LOOK AT SECTIONS 1 THROUGH 11. PLEASE ANSWER THE FOLLOWING
QUESTIONS:

5. What is "DISCRIMINATION”? Where is it defined in the HRC?

6. What is your best attempt to define it? Keep in mind simply listing examples of it
under the HRC is not a definition.

7. How many possible grounds are there in the HRC upon which one may not be
discriminated?

8. Does the number of grounds vary between sections? If so, what is different?

9. What is Constructive Discrimination and how is it different than Direct

Discrimination? Provide evidence for your answer.

10. Are the below situations Discrimination (as per the Ontario HRC?) If yes, on what
Prohibited Ground? Is it Direct or Indirect (Constructive/Adverse Effect)
Discrimination?
a) A rule/requirement to wear safety masks in hospital – men must be clean-shaven in
order to wear masks.
b) All delivery personnel are required as part of uniform to wear flattering brown shorts,
knee socks and dress shoes.
c) All workers must wear hardhats on work site.
d) Waitresses needed.
e) All applicants must be over 18
f) All applicants must be Canadian citizens or landed immigrants.
g) No fatties need apply.
h) Preference will be given to Native persons and others who have been historically
disadvantaged.
i) Have you ever been convicted of a criminal offence?
j) Applicants must be practicing Christian single heterosexual males.