Well, don't I feel the fool, since the policy turn out to have nada to do with any of that--no siree, Barb:
The policy is designed to help organizations and individuals deal with everyday situations of competing rights, and try to avoid the time and expense of bringing a legal challenge before a court or human rights tribunal.
Conflicts sometimes arise when an individual or group tries to enjoy or exercise a legally-protected right that conflicts with another’s human right. For example, how do you resolve a situation where a marriage commissioner refuses to perform a marriage ceremony for a same-sex couple because it is contrary to her religious beliefs? Or where a woman wants to testify at a criminal trial wearing a niqab but the accused argues that this would interfere with his Charter right to make a full defence? Or, where a professor’s guide dog could cause a student to have a severe allergic reaction?
The Canadian Charter of Rights and Freedoms, the Ontario Human Rights Code and the courts state that no right is absolute and no one right is more important than another. The law also recognizes that rights have limits in some situations where they substantially interfere with the rights of others. The Charter and the Code require we give all rights equal consideration, on a case-by-case basis.
“Reconciling human rights can be extremely challenging,” commented Chief Commissioner Barbara Hall. “Searching for solutions can be controversial and sometimes dissatisfying to one side or the other. But it is a shared responsibility made easier when we try to understand each other’s rights and obligations and demonstrate mutual respect during the process.”...So what I said re the pecking order of victim groups holds true--even if it remains unofficial government policy, and even as Barb and Co. continue to pay lip service to the concept of "equality" and see it as being enshrined in the Charter and the Code (an idea which is so not true as to be both risible and cringe-inducing--so at least I got the laugh and shudder part right).
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