Addressing Conflicting Human Rights: Some Recent Case Law

In a society as diverse and multi-cultural as our own, in which individuals are becoming ever more aware of their legal rights, it is no surprise that we are seeing an increase in competing human rights claims. Of particular note, the media has recently been grappling with incidents in which an individual's assertion of his or her religious rights is seen to conflict with the rights of other individuals. Can a female passenger on an airplane be asked to change seats to accommodate the religious beliefs of a male passenger? Does a male barber have the right to refuse to give a haircut to a female customer on the basis of his religious beliefs? Can a sexual assault complainant be asked to remove her niqab while testifying in order to protect the right to a fair trial of the accused? The Ontario Human Rights Commission's "Policy on competing human rights" (January 26, 2012) provides a guide to striking a balance between competing rights.¹ The following review of recent