3 WRIT 215 IRAC ANALYSIS FOR MEMO ASSIGNMENT Worksheet Issues: 1. Whether the Human Rights Tribunal (“HRT”) is the proper jurisdiction to file Taylor’s discrimination claims. 2. A) Whether the Taylor...

Prepare a Legal Memorandum using the IRAC analysis and the case and include 5 case laws and McGill referencing style.


3 WRIT 215 IRAC ANALYSIS FOR MEMO ASSIGNMENT Worksheet Issues: 1. Whether the Human Rights Tribunal (“HRT”) is the proper jurisdiction to file Taylor’s discrimination claims. 2. A) Whether the Taylor can have a claim for discrimination against two different parties at the HRT. (One of the parties being Parker and the other being ABC College) B) Whether race, ethnic origin, and creed, are the correct grounds for Taylor’s discrimination claims. C) Whether Taylor can advance a claim against ABC based on its failure to meet its duty respect her academics accommodations. Rules: 1. According to Part I section 1 of the Human Rights Code, R.S.O. 1990, c. H.19 (“Code”) a person has a right to equal treatment with respect of services, regardless of their race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability. Also, pursuant to section 34 of the Code If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2 (1) · within one year after the incident to which the application relates; or · if there was a series of incidents, within one year after the last incident in the series.  2006, c. 30, s. 5. 2. According to the Statutory Powers and Procedures Act, R.S.O. 1990, c S.22 (“SPPA”), the authority that regulates tribunals in Ontario, at section 9.1 (1) If two or more proceedings before a tribunal involve the same or similar questions of fact, law or policy, the tribunal may: · Combine the proceedings or any part of them with consent of the parties; · Hear the proceedings at the same time, with consent of the parties; · Hear the proceedings one immediately after the other; or · Stay on or more of the proceedings until after determination of another one of them. Copy the relevant rules below. Services - Humans Rights Code 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, gender identity, gender expression, age, marital status, family status or disability.  Although The Code does not provide a definition of discrimination. Instead, the understanding of discrimination has evolved from case law. To establish prima facie discrimination (discrimination on its face) under the Code, a claimant must show that: 1. they have a characteristic protected from discrimination 2. they have experienced an adverse impact within a social area protected 3. by the Code, and the protected characteristic was a factor in the adverse impact.[85] In Hendershott v. Ontario (Community and Social Services) the tribunal interpreted that discrimination is prohibit in “relation to service” based on the Code. In Tahmourpour v. RCMP, the tribunal found a discrimination took place and the application was granted. Application by person – Human Rights Code 34 (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2, (a) within one year after the incident to which the application relates; or (b) if there was a series of incidents, within one year after the last incident in the series.  2006, c. 30, s. 5. In Garrie v Janus Joan Inc., the Tribunal allowed the application and found that the respondents did discriminate against the claimant. Proceedings involving similar questions- Statutory Powers Procedure Acts If two or more proceedings before a tribunal involve the same or similar questions of fact, law or policy, the tribunal may, (a) combine the proceedings or any part of them, with the consent of the parties; (b) hear the proceedings at the same time, with the consent of the parties; (c) hear the proceedings one immediately after the other; or (d) stay one or more of the proceedings until after the determination of another one of the In addition to race, the Code prohibits discrimination on several related grounds. These include primarily the grounds of colour, ethnic origin, ancestry, place of origin, citizenship, and creed (religion). Race · Race is defined – common descent or external features such as skin colour, hair texture, facial characteristics. https://www3.ohrc.on.ca/sites/default/files/Racial%20discrimination_English_accessible.pdf Racial harassment is a form of discrimination. It includes comments, jokes, name-calling, display of pictures or behaviour that insults you, offends you or puts you down because of your race and other related grounds. Ethnic Origin · Ethnic origin is defined – social, cultural, or religious practices drawn from a common past. In Khiamal v. Canada (Human Rights Commission) the Tribunal ruled that the applicant was able to establish prima facie, legal test for discrimination. Creed · Creed is defined – religion or faith. https://www3.ohrc.on.ca/sites/default/files/Policy%20on%20preventing%20discrimination%20based%20on%20creed_accessible_0.pdf People’s experiences of discrimination based on creed often intersects with discrimination based on other Code grounds, such as race, ethnic origin, citizenship, ancestry, place of origin and sex. Indigenous peoples in Ontario continue to face significant barriers practicing Ontario’s longest standing religious and spiritual traditions. This has sometimes been due to a lack of understanding of Indigenous Spirituality as a whole way of life, and a corresponding failure to recognize and accommodate Indigenous Spirituality in its diverse forms and expressions. It has also been shaped by the ongoing impact of the colonial past on the present. Accommodation Under the Code, employers and unions, housing providers and service providers have a legal duty to accommodate the needs of people with disabilities who are adversely affected by a requirement, rule or standard. Accommodation is necessary to ensure that people with disabilities have equal opportunities, access, and benefits. Employment, housing, services, and facilities should be designed inclusively and must be adapted to accommodate the needs of a person with a disability in a way that promotes integration and full participation. In Gourley v. Hamilton Health Services 2010 the adjudicator stated (at para. 8): “The substantive component of the analysis considers the reasonableness of the accommodation offered or the respondent's reasons for not providing accommodation. Modi v. Paradise Fine Foods Ltd. at para 50, the ruling of the Tribunal was in regards how an employer is responsible for the actions if its employee therefore the employer is liable. Application: Legal Requirements Facts Section 1 of Code · Parker had made remarks regards ethnic origin, something that made Taylor uncomfortable as a result triggered her right under to be free of discrimination based on ethnic origin. · Upon disclosing to ABC, they sided with Parker and as a result they also violated her right to be treated without discrimination. Section 34 (1) · Taylor feels that her rights were infringed because of the way her teacher after she spoke regards her race the teacher dismissed her allegations by saying it was a joke. · Taylor believes that, by supporting Parker, the College also has discriminated against her. Statutory Powers and Procedures Section 9.1(1) · Taylor will be able to advance her claims towards both Parker and ABC. · The Statutory gives Tribunals authority to have one or more respondents. Race Dhanjal v. Air Canada Racial discrimination can happen on an institutional – or systemic – level, from everyday rules and structures that are not consciously intended or designed to discriminate. Patterns of behaviour, policies or practices that are part of the structures of an organization or an entire sector can disadvantage or fail to reverse the ongoing impact and legacy of historical disadvantage of racialized persons. This means that even though you did not intend to, your “normal way of doing things” might be having a negative impact on racialized persons. · Taylor felt discriminated by the comments made by Parker in terms of Indigenous people · When confronted, Parker dismissed her comments by saying it was a joke. · ABC did not follow a proper procedure when they addressed the issue, because they did not allow Taylor to be present when conducting their inquiry. They relied only on Parker’s rebuttal of the allegations. Ethnic Origin The Code does not define creed, but the courts and tribunals have often referred to religious beliefs and practices. Creed may also include non-religious belief systems that, like religion, substantially influence a person’s identity, worldview, and way of life. The following characteristics are relevant when considering if a belief system is a creed under the Code. · Although not directly inferred the fact that Taylor’s origins are indigenous made her feel discriminated by the comments of the teacher implying their community is lucky by the “treatment” they receive from the government alluding they have preference over others. Creed Hsieh v. York University, 2009 HRTO 606 (CanLII) · Although Taylor might feel she had been marked lower after she complained to the teacher, Jackson had agreed that her grading was fair after reviewing the assignment. · There must be sufficient evidence that the results of her grading were directly tied to her disclosure about being discriminated. Accommodations Under the Code, organizations are required to prevent and remove barriers and provide accommodation to the point of undue hardship. The principle of accommodation arises most frequently in the context of creed, family status, sex (pregnancy) and disability, as well as age, gender identity and gender expression. · Taylor believes because she had previously been accommodated with no issues, by denying her this her rights to accommodation were infringed. · Although Parker had previously mentioned that refusing accommodations will amount to discrimination, she did refuse to accommodate Taylor by denying her extra time to complete the assignment. In the blank space below, explain your application of the legal requirements to the facts. Address any weaknesses in Taylor’s case here. 1) It seems based on what Parker and ABC said and did, that Taylor’s section 1 right has been infringed. Since she believes the transgression occurred, she can advance her discrimination claim as per section 34(1) at the HRT. 2) A) According to SPPA guidelines on Tribunals, two or more respondents can be named in a claim against discrimination. B) The Code has prohibitions based on race, ethnic origin, and creed; in Taylors case her claim will be based on the authority regards race and ethnic origin as discrimination. There is no valid evidence to support her allegations of creed discrimination. C) ABC had a duty to accommodate Taylor however they failed to fulfil such duty therefore she can submit her claim regarding this duty. Conclusion (short answer to the Issues): 1. Yes. The HRT is the proper jurisdiction for Taylor’s claim. 2. Yes. A) Tribunals
Apr 15, 2022
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