When Rights Conflict: Religious Belief vs. Equality
The Toronto Star recently reported that a Toronto Police Service Chaplin stated online that “a woman should be ‘obedient’ to her husband at all times and must not refrain from intimacy without a ‘valid excuse.’”
Once again, it appears that religious rights and women’s rights are in conflict in Ontario.
The Law
Ontarians are protected by the Human Rights Code. They should not face discrimination or harassment at work due to their religious belief or their gender.
The Toronto Police Service is also a service provider and therefore has an obligation to the public not to discriminate based on gender.
Conflicting Laws
The Human Rights Tribunal of Ontario states that there is no hierarchy of rights. If they appear to be in conflict, the Tribunal will determine:
- whether the situation involves legitimate rights;
- how significant the interference with a right is; and
- whether there are solutions to protect both rights – or come close.
What Will They Do?
At this point, it is unknown whether any rights are actually in conflict. No one has reported that the Chaplin has made discriminatory comments in the workplace or to the public in his role with the Toronto Police. If he has not, then there is not a true conflict. To terminate or discipline the Police Chaplin due to his religious beliefs would be a breach of his human rights.
However, given the prominence of gender-based discrimination in police services, the Toronto Police are likely to investigate the allegations raised by the Toronto Star. Further, the situation is another example of how out-of-work conduct, especially on social media, may lead to consequences in the workplace.
This situation demonstrates that employers and service providers faced with a potential competing rights scenario, are often in a no-win position. Inevitably, there are critics on both sides of the issue who believe one group’s rights trump the other.
If you have experienced mistreatment on the basis of your age, race, religious views, gender, sexual orientation or any other ground, you should speak to a lawyer. If you would like to speak to a lawyer at MacLeod Law Firm, you can reach us at [email protected] or 647-204-8107.
The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.
Recent Posts
Laid Off and No Recall in Sight?
The Employment Standards Act the (“ESA”) contains a provision which allows for temporary lay-off. Pre Covid-19, the ESA told employers that they could lay off an employee for 13 out of 20 weeks, or 35 out of 52 weeks if the employer continues the employee’s benefits, for example.
Another Way to Get More Severance From Your Employer
As we have written before, termination clauses may have a significant effect on how much money you receive if you are terminated. If you are fired because of a business decision and not misconduct, it is the without cause termination clause that determines how much...
Paid Sick Leave? Sort of
With the numbers of COVID-19 cases rising again, especially in the GTA, many employees are asking me as a Toronto employment lawyer what happens if they become sick and they are forced to stay home for 14 days. Following the end of the Canada Emergency Response...