Eyes Open: An Anti-Asian Racism PSA (link) provides a powerful and poignant message encouraging all Canadians to recognize historical and present injustices in our communities.

With a marked rise in anti-Asian racism, this Asian Heritage Month, the Chinese Canadian National Council for Social Justice has launched the #FaceRace Campaign.

#FaceRace is challenging Canadians to confront racism amid the COVID-19 pandemic, and to stand in solidarity with all racialized peoples by “committing to the lifelong work of learning and unlearning.”

Given the rise in racial discrimination, it is important to understand what discrimination means within the context of the Ontario Human Rights Code. Discrimination occurs when differential treatment results in negative consequences which arise because of a person’s inclusion in a particular category such as:

• Race, Colour, Ancestry, Citizenship, Place of origin, Ethnic origin, Creed (religion);
• Sexual orientation, gender identity, gender expression, sex (gender);
• Marital status, family status;
• Age;
• Disability;
• Receipt of social assistance;
• Pardoned criminal record

The Ontario Human Rights Code and the Canadian Human Rights Act protect individuals from discrimination and harassment in the provision of goods and services, housing, and in the workplace.

The establish racial discrimination, the claimant must prove a nexus between negative treatment they experienced and their race. To do so, consider the following questions:

1. Were you treated differently based on your race, colour, ancestry, citizenship, place of origin, ethnic origin, and/or creed?
2. Did this treatment have an adverse impact on you?
3. Is there evidence to establish a connection between the negative treatment you experienced and your race?

Like other forms of discrimination, racial discrimination can be a one-time occurrence such as a racist comment or it can be systemic. Bakerlaw has assisted clients in addressing racial discrimination in both of these contexts. You can learn more about our human rights work here (link).

To find out more about whether bakerlaw can assist you, contact us (link).