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What are slurs?

Slurs are primarily used to harm individuals simply because of their group membership. It not only offends but also seeks to cause oppression. Slurs are often deeply rooted in history, with oppressive groups using slurs to demean and degrade various communities. The use of slurs, and their oppressive nature, can be used to create a divide within society, and to subjugate the listener to feel as if they are a ‘second-class citizen’ or less than due to a characteristic they possess no control over.

N-Slur

The N-Slur is deeply rooted in history as a word meant to degrade and dehumanize slaves of African descent. Kehinde Andrews, professor of black studies at Birmingham City University notes that the use of the N-Slur is:
“Tied to the idea that African people aren’t really human beings… They were more like an animal than a human being, a beast of burden, could be bought and sold, could be thrown overboard ships and literally had no rights.”
In light of this, the deeply offensive and problematic use of the word cannot be understated. The pervasive connotation of the word, deeply rooted in malicious and degrading intent, underscores the importance of not using this word. Regardless of circumstances or intent, the use of the N-Slur cannot be justified and should not be used in any scenario.

The human rights of all Indigenous people in Ontario are safeguarded by the Ontario Human Rights Code. Additionally, Indigenous peoples are protected from discrimination in federally regulated employment, housing, services, and facilities under the Canadian Human Rights Act.

OHRC Passage

The Code the intrinsic worth and dignity of every individual in Ontario. It provides protection against discrimination, harassment, and reprisal, while ensuring equal rights and opportunities for all, including Indigenous peoples. The Code explicitly prohibits discrimination and harassment based on seventeen protected grounds, one of which is Creed.

Creed encompasses various belief systems and values that significantly influence an individual’s identity, worldview, or way of life. This includes religions, but it also extends to other spiritual beliefs. Legal cases have affirmed that, while Indigenous groups may not define their spiritual beliefs as a religion, Indigenous spirituality is included within the meaning of Creed under the Code.

Organizations have a duty to accommodate creed-related practices that may conflict with holidays, schedules, and other policies. Failing to accommodate an Indigenous person’s spiritual beliefs contravenes the Code and can be considered discriminatory. Examples of appropriate accommodations include:

• Providing time off for activities such as solstice celebrations or other ceremonies marking the seasons or harvest time
• Offering space for a spiritual ceremony such as a smudge

Giving time off for significant days connected to Indigenous Spirituality, such as bereavement time for extended family

Who are Indigenous People

The term “ Peoples” refers to the original peoples of North America and their descendants. Three groups are recognized as Indigenous: First Nations, Inuit and ��é�پ���. Each�� group is distinct in their history, language, cultural practices and spiritual beliefs.

UNDRIP

provides a cohesive framework for reconciliation, peace, along with cooperative relations with Indigenous communities, in line with the principles of human rights, justice, democracy and good faith. As declarations passed by the United Nations are not legally binding, individual countries have to intentionally implement the terms contained in UNDRIP into their domestic law. was one of the four countries to not initially take part as a signatory to the declaration, viewing its terms as inconsistent with the Canadian Charter of Rights and Freedoms.��

However, on June 21st 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act received royal assent in Canada and was subsequently in Canadian law. The act sets out timelines and objectives for the government to create and enact an action plan to accomplish the directives laid out in the declaration. The of UNDRIP recognize the right for Indigenous communities to enjoy the right to self-determination, the right to be recognized as distinct people, the right to free, prior and informed consent and the right to be free from discrimination. Crucially, the Declaration emphasizes the protection for cultural, language and religious rights for Indigenous communities. It also highlights the obligation on states to create legitimate and effective mechanisms to address various human rights violations��

The 2023-2028 is the result of collaborative efforts between the Government of Canada and various Indigenous groups to accomplish the objectives laid out in the directive. The contains 181 important measures that

• Reflect priorities and proposals identified by First Nations, Inuit and ��é�پ���
• Contribute to achieving the objectives of the
• Align with specific topics covered by the

Ongoing Issues

Culture and Language

A highlighted by various Indigenous communities was the decreasing dissemination of Indigenous language across generations. Considering the significance of language with regards to cultural reproduction and continuation, this presents a real challenge for Indigenous communities. The behind this largely stems from current situations, in which individuals of Indigenous backgrounds are brought into environments where communication in their native language is not common. Furthermore, the inaccessibility for Indigenous communities to find public service providers who speak their language is another large human rights concern. For Indigenous community members who are unilingual, they face a clear barrier in acquiring help from emergency services, for instance. As it stands, there are numerous barriers, stemming from the lack of services that are linguistically and culturally adequate, that Indigenous communities continue to face.��

Criminal Justice

The incarcerated population in Canada is represented by members of Indigenous communities, making up 28% of the incarcerated population in federal institutions despite only representing 4.1% of the overall Canadian population. Although the stressed that the overrepresentation of Indigenous people in prison is a crucial and highly consequential problem, efforts to reduce the disproportionate overrepresentation have been . Significant factors in this staggering statistic include the lack of educational and employment opportunities, along with the Ontario criminal justice system’s overfixation on ‘safety’ as its core focus. The sentencing principles, which seek to introduce additional mitigating factors for Indigenous offenders provide a positive start, but do not address the inequality and discrimination that often leads to offences being committed.��

have been made in an effort to address the underlying root causes contributing to criminal involvement and the subsequent incarceration. Emphasis has been focused on creating the requisite social, economic and cultural conditions required for the thriving of Indigenous communities. Much of this hinges on equal opportunities and representation for members of the Indigenous community.��

Words, Symbols and Images

Various groups and organizations have used Indigenous symbols, caricatures and portraits to represent themselves. Many of the defences used to justify said words, symbols or symbols is that they honour and respect Indigenous or culture. A popular discussion regarding the legitimacy of the The importance of this stems from the idea that the use of certain words or images can have a detrimental effect on the ability for a Code-protected individual to engage and benefit equally in their local community. Images or terms that fundamentally degrade the dignity of an individual due to their ancestry, race, ethnic origin or any protected characteristic can be seen or interpreted as a of the Code.��

Residential Schools

In an effort to ‘civilize’ Indigenous communities, Indigenous children were required to attend , where they were forcibly assimilated into European culture through the teaching of Christian values. The children attending these schools were often subjected to physical, emotional and mental abuse at the behest of their teachers and school administrators, in which little regard for the students wellbeing was considered. Numerous mass graves containing the bodies of unidentified children were found on various residential school premises.�� The noted that residential schools were the tools utilised to carry out cultural genocide against Indigenous communities across the country.��

As a result of the testimony of former residential school victims, coupled with the findings contained in the Truth and Reconciliation Committee of Canada’s , growing efforts have been made to acknowledge the past atrocities and forecast a reconciliatory path forward. The underlying theme found in the Truth and Reconciliation Committee was that greater efforts to improve the treatment towards Indigenous communities must be continued.��

Papal Visit

On July 24th, , Pope Francis began a weeklong trip across Canada in what he remarked as a “pilgrimage of penance.” The purpose of the visit was largely to advance reconciliation efforts between the Roman Catholic Church and Indigenous communities across Canada. During the visit, Pope Francis for the “evil committed by so many Christians against the Indigenous peoples.” When speaking to Indigenous community leaders directly, the Pope noted that “many of you and your representatives have stated that begging pardon is not the end of the matter. I fully agree: that is only the first step, the starting point.”

The comments made by the Pope and other Canadian Bishops were generally met with from various Indigenous communities. The Maskwacis Tribal Council, which represents First Nations communities in Maskwacis, Alberta, noted that the Pope’s visit to the Ermineskin Residential School in Maskwacis was

“A pivotal moment for the world to witness and understand the impacts of the intergenerational traumas suffered by Indigenous people in residential school systems in Canada and around the world…This is an important step towards reconciliation for everyone to be a part of.”

Before their meeting with the Pope in Rome, the Assembly of First Nations Northwest Territories Regional Chief Gerald Antione �ٳ󲹳���

“Meeting with Pope Francis is an important step as we continue to address the Catholic Church’s culpability about genocide and complicity in what many First Nations children experienced in the institutions. It was responsible for managing, including in many instances, the spiritual, cultural, emotional, physical, and sexual violence inflicted on our children.”

Progress, as by Archbishop Edward Smith, “is going to take a long time.”��

Next Steps

The Ontario Human Rights Commission has announced that they will begin engaging with Indigenous partners to “address and combat long-standing and widespread Indigenous-specific discrimination in Ontario’s healthcare system.” The guideline will aim to:

• Provide practical guidance to healthcare providers on what they should do to meet their Code obligations; and
• Help First Nations, Inuit, ��é�پ���, and urban Indigenous people understand how they are protected by the Code when seeking healthcare services.

The policy recommendations will seek to address the varying human rights concerns faced by Indigenous communities in healthcare settings, including discrimination, racism and generally negative experiences. The OHRC intends to with Indigenous health professionals, organizations and communities to gain a better understanding of the challenges faced, along with potential remedies that would be effective.��

The Supreme Court of Canada, in , determined that extenuating factors ought to be considered with regards to Indigenous offenders, which can have a tangible effect on reducing potential sentences. This idea, known as Gladue rights, were derived from section 718.2(e) of the Criminal Code of Canada. In this vein, an emphasis should be placed on restorative justice when sentencing Indigenous offenders. , restorative justice is “an approach to justice that seeks to repair harm by providing an opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime.” While the Gladue rights have not yet been effective in the way they were intended, with its invoking being slightly below , there has been a growing emphasis on ensuring that Indigenous offenders are aware of its existence and use.��

Resources

More information can be found here:

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The human rights of all people with disabilities in Ontario are safeguarded by the Ontario Human Rights Code (Code). Additionally, individuals with disabilities are protected from discrimination in federally regulated employment, housing, services, and facilities under the Canadian Human Rights Act.��

The poster was designed to highlight the various forms of disability through the use of colour. For instance, green is used to represent sensory disabilities, including deafness, blindness, lack of smell, lack of taste, audio processing disorder, and all other sensory disabilities. Red depicts physical disabilities, and gold characterizes neurodiversity. A cross can be discerned from the layout of the poster, indicating the shared faith we, as a community hold, independent of any disabilities.

Accommodations

The Code places a legal duty to accommodate individuals with a disability that are adversely impacted by a rule, requirement or standard to the point of undue hardship. The Supreme Court mentions in that:������

“The goal of accommodation is to ensure that an employee who is able to work can do so. In practice, this means that the employer must accommodate the employee in a way that, while not causing the employer undue hardship, will ensure that the employee can work. The purpose of the duty to accommodate is to ensure that persons who are otherwise fit to work are not unfairly excluded where working conditions can be adjusted without undue hardship…

The test is not whether it was impossible for the employer to accommodate the employee’s characteristics. The employer does not have a duty to change working conditions in a fundamental way, but does have a duty, if it can do so without undue hardship, to arrange the employee’s workplace or duties to enable the employee to do his or her work.”

The obligation to provide accommodations applies to both students and staff members. Employers are required to ensure that any employee with a disability is provided with the requisite accommodations to ensure they are properly equipped to perform the tasks associated with their job. Where it can be ascertained that, for instance, a staff member requires accommodation for their disability, administrators are obligated to ensure that accommodation is provided.

Disabilities provided to those who require them are not meant to be standardized. As different disabilities require different accommodations, employers should ensure that they do not implement a ‘one size fits all’ approach when considering the needs of each individual. Crucially, accommodations should be provided to students and staff in a manner that most respects their dignity. The affirms this notion, emphasizing that “discrimination against any person on the basis of disability is a violation of the inherent dignity and worth of the human person.” With this in mind, administrators should ensure that value is placed on the perspectives and experiences of staff and students when considering accommodations and any potential modifications.��

Ongoing Issues

A growing emphasis has been placed on ensuring that students with disabilities are afforded accommodations and services to meaningfully participate and engage with the education system. Despite said efforts, barriers to access for students with disabilities still exist, :

• ineffective communication to parents and students about their right to accommodation, and their right to be free from discrimination and harassment in education
• inadequate training for education providers on disability-related issues, and the duty to accommodate students with disabilities
• insufficient resources and supports in the classroom
• long waiting lists for assessments
• negative attitudes and stereotypes
• physical inaccessibility
• inappropriate requests for medical information
• ineffective dispute resolution processes

outright denial of disability-related accommodations

Individual Education Plan (IEP)

Students with disabilities, per the Education Act, are entitled to accommodations within schools without payment of fees or delays. Students that may be deemed as exceptional, which the Act notes as “whose behavioural, communicational, intellectual, physical or multiple exceptionalities are such that he or she is considered to need placement in a special education program,” are referred to an Identification and Placement Review Committee (IPRC), where it is determined whether the student is exceptional. Should they be deemed exceptional, recommendations are made for the appropriate accommodations to aid the student in their school environment.��

Subsequent accommodations, derived from the IRPC and contained within the IEP, that are approved by both the principal of the school and the parents are legally binding and ought to be followed by teachers and other staff. Students who have not been deemed as exceptional by an IPRC may still have an IEP. As IEPs are considered ‘living documents,’ they can be amended with the consent of a parent or guardian. The ‘living’ nature of an IEP coincides with the requirement to review IEPs at least twice per year. IEPs are mailed to homes twice per year, and require consent from the parent or guardian of the student.��

The Education Act mandates school boards across Ontario to create and implement a system regarding the classification of students with disabilities. �鶹ԭ��’s Special Education Plan 2023-2024 contains any pertinent information related to the process for obtaining an IEP, various IEP designations, among other relevant information. Where it may be relevant, the status and nature of a student’s IEP should be clearly identified and communicated to all relevant parties, including parents or guardians of the student.��

More information from the Ministry related to IEPs, IPRCs and other relevant procedures can be found .

Disciplinary Measures

One particular issue of note pertains to the disproportionate levels of discipline for students with disabilities. Although amendments were made to the Education Act to ensure that mitigating factors were considered when disciplinary measures are involved, students with disabilities are still disproportionately suspended/expelled. The OHRC notes the following considerations when determining whether the behaviour is related to the student’s disability:

• formal assessments and evaluations of the student
• relevant information supplied by the student and/or the student’s parents/guardians
• observations of the student
• the student’s accommodation plan, if there is one
• whether the accommodations provided for in the student’s accommodation plan were appropriate, and whether these accommodations were being provided consistent with the student’s accommodation plan, at the time of the behaviour in question
• whether the student’s disability impaired his or her ability to understand the impact and consequences of the behaviour
• whether the student’s disability impaired his or her ability to control the behaviour
• whether the student has undetected or undeclared disability-related needs that require accommodation.

Note that where the behaviour in question is not linked to the student’s disability, namely that there is no causal link between the student’s disability and the behaviour in question, the student is to be disciplined in line with normal parameters and consequences.��

Resources

More information can be found here:

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