Each province has human rights legislation that protects individuals from discrimination on the basis of certain grounds or characteristics. These protections apply not only to employees, but also to anyone receiving a service, such as students receiving education, patients receiving health care, or individuals receiving any service provided by government, businesses or institutions. Even professionals have a right to be free from discrimination by their regulators. These human rights laws are above all other laws in each province.
For the average Canadian, human rights protection is supposed to mean that nobody is ever punished, excluded, denied a service, kicked out of school or fired because of, for example, his or her religion or disability. However, discrimination remains fairly common, particularly toward religious and/or disabled individuals. Human rights law may also be relied upon when pursuing a claim such as wrongful dismissal, or when defending against allegations of misconduct.
I regularly submit claims to human rights tribunals across the country on behalf of people who have been denied a service or fired from a job for a discriminatory reason and are seeking compensation for the harm they have suffered. I have extensive experience advancing claims of religious discrimination in the workplace and at school. One such case involves a former University of Guelph student who was denied accommodation regarding his inability to receive the COVID shots due to his Christian beliefs. Another involves former high school student Josh Alexander, who was kicked out of a public high school in Ontario for expressing his Christian religious belief that boys should not be entering the girls’ washroom and that his school was wrong to permit it.
If you believe you have been the recipient of discriminatory treatment by your employer or a service provider, contact me for advice on how to respond and whether you should lodge a human rights complaint.
Testimonial
“I was on the hunt for legal help for months. I was eventually referred to James, whom I had heard of in the past. He was confident that my case was good, and he re-instilled the confidence that drained away with years of waiting and months of searching for a lawyer who valued my case against my potential employer. All other lawyers seemed to be avoiding my case, but James was the only lawyer confident to help despite the controversial and sensitive nature of my position. His character and convictions are admirable and his dedication to protecting freedom is what makes him a strong lawyer. The legal process went perfectly thanks to James.
I fully recommend James Kitchen as legal representation. He isn’t afraid to take cases that go against the grain in the name of freedom and justice.”
– Erika Jansen