Balancing Competing Human Rights Claims in a Diverse Society

Institutions, Policy, Principles

Overview

Published in Cooperation with the Ontario Human Rights Commission

As societies around the world embrace diversity, certain challenges and tensions have become visible that were not fully anticipated. In particular the practice of human rights has become increasingly complex in Canada and other diverse societies because more and more often the claim to a right of one individual or group directly affects the claim to the human rights of another group. The challenge of balancing these competing human rights claims is the focus of this book. Beginning in 2005, the Ontario Human Rights Commission (OHRC) began a process to develop the first policy in Canada to address competing human rights claims. This policy development included extensive consultation with the public, academics, human rights commissions elsewhere in the country, and stakeholders in the human rights community in Ontario. These efforts resulted in a policy for Ontario which was released in April 2012. Part One of this book presents this policy and a series of chapters that provide instructive background for the development of the policy. Part Two broadens the scope of the discussion by exploring broad principles at stake when human rights compete.

Table of Contents

Editors’ Introduction
Shaheen Azmi, Lorne Foster, Lesley Jacobs

Part 1: Institutions and Policy

Chapter 1 Policy on Competing Human Rights
Ontario Human Rights Commission

Chapter 2 Addressing Competing Human Rights Claims: The Policy Approach of the Ontario Human Rights Commission
Shaheen Azmi

Chapter 3 Oil and Vinegar: Resolving Conflicting Rights under the Charter and Ontario’s Human Rights Code
Janet Epp Buckingham

Chapter 4 The Attack on Human Rights Commissions
Richard Moon

Chapter 5 Societal Perspectives in Competing Rights Policy: Law Reform Agencies and Consulting with Communities
Patricia Hughes

Chapter 6 Competing Human Rights Claims during Tribunal Procedures
Gary Yee

Part 2: Principles and Applications

Chapter 7 Sidewalk Stories: Sites of Encounter and Coexistence
Shauna Van Praagh

Chapter 8 Framing Competing Human Rights Claims: The Promise of Shared Social Citizenship
Lorne Foster and Lesley Jacobs

Chapter 9 Reaching Equilibrium between Conflicting Rights
Errol P. Mendes

Chapter 10 The Reconciliation of Legal Rights
Patricia Hughes

Chapter 11 Balancing Conflicting Rights: Towards an Analytical Framework
B.J. Wray

Chapter 12 Sexual Orientation and Religion in Canada: Litigation and Beyond
Miriam Smith

Chapter 13 Fairness and the Freedom of Religion: Diversity and Pluralism in the Public Sphere
Iain T Benson

Chapter 14 Competing Rights in Context: The Rights of Persons with Disabilities
Lauren Bates

Chapter 15 Regulating Hate Speech in Canada
Richard Moon

Chapter 16 Toleration and the Reconciliation of Conflicting Rights
Stephen L. Newman

Of interest...