Observing human rights Successful tenancies Celia Chandler, Iler Campbell LLP, cchandler@ilercampbell.com Ensuring Successful Tenancies: Tips and Tools for Housing Providers April 13, 2016 2-4 p.m.
Human Rights are Important We need human rights. Whether we like it or not, religious, ethnic and cultural diversity is part of our modern world and increasingly, part of our national and community reality. Human rights and the respect for every individual upon which they rest, offer the best hope for reconciling the conflicts this diversity is bound to generate. If we are to live together in peace and harmony we must find ways to accommodate each other. Right Honourable Beverley McLachlin, Chief Justice of Canada (2009)
Human Rights in Context HR laws Other legislation e.g. Landlord tenant law Leases; occupancy agreements Personal Preferences
HR legislation - Protected grounds association with protected groups or individuals age (some provinces have exceptions) creed / religion disability physical, mental, disfigurement ethnic, national, aboriginal origin, citizenship, ancestry family status / marital status gender identity and expression irrational fear of contracting an illness or disease language / linguistic background
HR legislation - Protected grounds political belief, opinion, convictions, affiliation or activity race / colour receipt of public assistance / source of income record of offences / criminal charge or record sex (including pregnancy) sexual orientation social origin / condition / disadvantage
Duty to accommodate Principles for Accommodation accommodate needs to respect dignity, to the point of undue hardship no set formula for accommodation unique needs, consultation with the person involved take responsibility and show willingness to explore solutions to treat people respectfully and with dignity comply voluntarily
Accommodation - Who does what? Role of person requesting accommodation Role of landlord receiving the request What is the landlord entitled to know? What can the landlord tell other tenants?
Limit of accommodation: Undue Hardship Undue Hardship is a very high threshold often considering things like cost (including external sources of funding), health and safety
Undue Hardship - Cost Landlords expected to minimize costs - Distribute costs across the entire budget - Phase in accommodation - Investigate tax deductions - Establish a reserve fund - Use creative and less expensive design solutions - Explore outside sources of funding
Undue Hardship Health and Safety What can the landlord consider when thinking about health and safety? - Nature of risk - Severity of risk - Probability of risk - Scope of risk
What is not undue hardship - People knew building was inaccessible when they moved in - Tenant preferences - Resentment from other tenants - that s not fair - Business interests depends on the jurisdiction - Inconvenience depends on the jurisdiction
Competing Human Rights
Policy on Competing Human Rights - Framework Stage One: Recognizing competing rights claims Stage Two: Reconciling competing rights claims Stage Three: Making decisions http://www.ohrc.on.ca/en/policycompeting-human-rights
Resources Canadian Human Rights Commission www.chrc-ccdp.ca/eng Provincial Human Rights Commissions - various CHRA website http://chra-achru.ca/ Centre for Equality Rights in Accommodation http://www.equalityrights.org/cera/ Policy on Human Rights and Rental Housing 2009 http://www.ohrc.on.ca/en/policy-human-rights-and-rentalhousing Policy and Guidelines on Disability and the Duty to Accommodate - 2009 http://www.ohrc.on.ca/en/policy-andguidelines-disability-and-duty-accommodate Your lawyer Our blog www.ilercampbell.com