Blainey v. Ontario Hockey Association
Encyclopedia
Blainey v. Ontario Hockey Association (1986) 54 O.R. (2d) 513 is a famous decision of the Court of Appeal for Ontario on the relationship between the Canadian Charter of Rights and Freedoms
and the Ontario Human Rights Code
. The Court held that Human Rights Codes in general are statutes and so must conform with the Charter.
Justine Blainey was excluded from playing in the boys hockey
league by the Ontario Hockey Association
. She was unable to bring a claim against the OHA because the Ontario Human Rights Code contained a provision that allowed male-only sports teams and since the OHA was a private organization the Charter did not apply to it. Instead she challenged the constitutionality of the provision of the Human Rights Code as a violation of the equality provision of the Charter.
The Court held that the exception for sports teams violated section 15
of the Charter in a way that could not be justified under section 1
, and struck down the provision.
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and the Ontario Human Rights Code
Ontario Human Rights Code
The Human Rights Code of Ontario is a provincial law in the province of Ontario, Canada that gives all people equal rights and opportunities without discrimination in specific areas such as jobs, housing and services...
. The Court held that Human Rights Codes in general are statutes and so must conform with the Charter.
Justine Blainey was excluded from playing in the boys hockey
Hockey
Hockey is a family of sports in which two teams play against each other by trying to maneuver a ball or a puck into the opponent's goal using a hockey stick.-Etymology:...
league by the Ontario Hockey Association
Ontario Hockey Association
The Ontario Hockey Association is the governing body for the majority of Junior and Senior level ice hockey teams in the Province of Ontario. The OHA is sanctioned by the Ontario Hockey Federation along with the Northern Ontario Hockey Association. Other Ontario sanctioning bodies along with the...
. She was unable to bring a claim against the OHA because the Ontario Human Rights Code contained a provision that allowed male-only sports teams and since the OHA was a private organization the Charter did not apply to it. Instead she challenged the constitutionality of the provision of the Human Rights Code as a violation of the equality provision of the Charter.
The Court held that the exception for sports teams violated section 15
Section Fifteen of the Canadian Charter of Rights and Freedoms
Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...
of the Charter in a way that could not be justified under section 1
Section One of the Canadian Charter of Rights and Freedoms
Section One of the Canadian Charter of Rights and Freedoms is the section of the Charter that confirms that the rights listed in that document are guaranteed. The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an...
, and struck down the provision.