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Human Rights-Based Approach to Planning

There is a lot of guidance to clarify the human rights-based approach to planning. We're here to consolidate and translate these resources for your, to assist you in the process of building systems to generate more equitable outcomes.

CP Planning operates on the foundational belief that urban planning’s responsibility extends beyond the physical space; it is critical tool for ensuring that human rights are met. Systemic disparities in access to housing, good jobs, and cultural opportunities are perpetuated when racialized communities, women, low-income households, and other equity denied populations are excluded from meaningful participation in planning processes. Such barriers limit their ability to benefit equitably from the management and development of land.


Recognizing these barriers, CP Planning has conducted thorough research on the intersection of human rights and urban planning, establishing a human rights-based approach which dismantles entrenched barriers and produces the conditions for systems transformations that improve the living conditions of equity-denied groups. Fundamental resources in this research included those produced by the United Nations, the Canadian National Housing Strategy, and the Ontario Human Rights Commission, as well as case studies and case law across Canada and the United States.


A Human Rights-Based Approach to Planning is:

  • Shaping understanding of existing contexts through acknowledgement of historic discrimination
  • Prioritizing building the economic well-being and sustainability of marginalized peoples to have their needs met
  • Building solidarity between socio-economic classes, to nurture collective action and empowerment
  • Orienting planning processes to remove barriers, ensuring marginalized people have fair and adequate access to housing, jobs, a decent standard of living, and opportunities for cultural expression.

Things could be better

In 2018 CP Planning co-designed and implemented the Housing in Focus project. It was delivered through partnerships with 11 community groups and engaged 140 residents in East York, Etobicoke Lakeshore, York, Scarborough, and Downtown Toronto through workshops hosted in church basements and community centres. 


The workshops centred around the lived experience of residents and concluded with resident's generating over 18 maps in response to the prompt "what would your neighbourhood look like, if housing was treated as a human right?"


The above is illustrates the combination of all the Housing in Focus maps produced in Danforth-Main, Toronto.


Wanna learn more about the project?

Understanding History is Key to Knowing Why Barriers Exist Today

    Historical Context

    Historically, planning practices have, at times, contributed to discrimination, leading to interventions by human rights champions and legal bodies.


    The below are notable pivotal cases that add clarity to how planning can conflict with human rights. These cases were predominantly driven by leaders who are not 'professional planners' accredited  by the Ontario Professional Planners Institute. Their actions, nonetheless have been instrumental in integrating human rights considerations into provincial planning legislation. As urban planners, it's crucial to acknowledge and value the efforts made by community members with a deep commitment to the well being of marginalized peoples. 

    1971-76 - Review and Removal of Discriminatory Zoning Bylaws

    1971-76 - Review and Removal of Discriminatory Zoning Bylaws

    1971-76 - Review and Removal of Discriminatory Zoning Bylaws

    Beginning in 1946, the township of North York explicitly zoned for “families.” This bylaw defined “family” as a household whose residents were related to one another.


    In 1971, the Globe and Mail reported on a high-profile case that ultimately challenged this bylaw. That year, after five weeks of searching, four women rented a $300-per-month basement apartment in a house on Walwyn Avenue, just north of Weston. Their tenure violated the zoning bylaw, which only permitted families to live in the area.


    Within a month, a North York bylaw inspector warned the women that they had to move out or face a court case. The women immediately began to lobby North York to change the bylaw. One of the tenants, a teacher named Barbara Greene, was elected as North York’s first female councillor on the heels of her popular fight against the bylaw. In office, she pushed to have the Ontario Municipal Board review the bylaw. In 1974, Greene celebrated after the discriminatory bylaw was overturned. 


    After being a councillor in North York from 1972-1985, Barbara  served at the House of Commons of Canada from 1988 to 1993 as a member of the Progressive Conservative Party of Canada. 

    1971-76 - Review and Removal of Discriminatory Zoning Bylaws

    1971-76 - Review and Removal of Discriminatory Zoning Bylaws

    The story of Barbara Greene, her three women roommates, and the ways land use zoning bylaws discriminate against single women is described in further detail in  one of the chapters in House Divided written by our Executive Direcor (Cheryll!). The chapter was also published in Walrus magazine. Read 'How Neighbourhoods Are Built to Keep Out Single Women', here.



    2010 - Kitchener - Official Plan Amendment

    Advocacy Centre For Tenants Ontario, Paul Dowling, House of Friendship and Waterloo Region Community Legal Services won an appeal to the Ontario Municipal Board (OMB) under subsections of the Planning Act from a decision of the Regional Municipality of Waterloo to approve Official Plan Amendments and the City of Kitchener's Zoning By-law Amendment that discriminated against those with disabilities. The amendments of the Region of Waterloo and City of Kitchener sought to ban the development of housing for those needing in-home care.


    As a result of community appeal against the decision of planners, the OMB:

    • Struck down zoning bylaw and official plan amendments that banned new development of all forms of residential care, group homes, rooming houses and non-profit services from a neighbourhood
    • Suggested that these amendments were a form of “people-zoning,” and found that the City must consider the impact of planning decisions on Code-protected groups


    Media release by the Ontario Human Rights Commission

    2010 - OMB Decision

    2011-14 - Sarnia, Kitchener, Smiths Falls, and Toronto - Zoning Bylaws

    The Dream Team, a coalition of mental health consumers funded mainly by the Ontario Ministry of Health and Long-Term Care, and the Toronto-Central Local Health Integration Network,  retained the legal assistance of the Human Rights Legal Support Centre to file human rights applications at the Ontario Human Rights Tribunal (OHRT) of Ontario against four Ontario municipalities: Sarnia, Kitchener, Smiths Falls, and Toronto. These applications challenged discriminatory bylaws that imposed mandatory distances between group homes, dictating how close one group home can be to other group homes or other supportive housing.


    Results include:

    • In 2011, the City of Sarnia eliminated separation distances from its bylaws immediately after the Dream Team filed its human rights application
    • The City of Kitchener fought against the application at first, but in 2012 also eliminated separation distances from its bylaws except against halfway houses for people with a criminal record
    • The City of Toronto tried to have the case dismissed, but the Ontario Divisional Court gave the Dream Team permission to proceed. Later, on July 15th, 2014, Toronto City Council adopted bylaws eliminating separation distances in group homes.
    • On October 6, 2014, the City of Smiths Falls eliminated capping requirements which only 36 people to live in group homes in the entire community.
    • 2014 update to the Provincial Policy Statement includes reference to the Ontario Human Rights Code.


    Human Rights Legal Support Centre media release

    Dream Team statement

    2013 - Letter from the Ontario Human Rights Commission (OHRC) to the City of Toronto

    Types of Human Rights Discrimination

    • Direct → Specifically naming or excluding a group of people protected by the Ontario Human Rights Code, to deny their ability to access a protected social area listed in the Ontario Human Rights Code.
    • Indirect →  Barriers to the creation of equitable conditions.  Intentional or not, indirect discrimination makes it harder to serve those protected by the Code, and easier to serve those who are wealthier and less marginalized.
    • Systemic → Centralization of power into the hands of the wealthy and/or uninterested. This includes the lack of acknowledgement by those in power of how systems are biased towards serving the interests of the wealthy, and a lack of power distributed to those desiring the production of equitable conditions.


    The three types of human rights discrimination are described by lawyer Jessica Simone Roher, in her article 'Zoning Out Discrimination: Working Towards Housing Equality in Ontario', published by the Journal of Law and Social Policy in 2016.

    Reading List

    Click here to see the reading list page 'Planning and Human Rights: Legal Cases and Resources' prepared by the Ontario  Human Rights Commission 


    This page is a vital resource for planners and community members alike, guiding the integration of human rights laws and principles into urban planning. It underscores the importance of compliance with the Universal Declaration of Human Rights, National Housing Strategy Act, and Ontario Human Rights Code. Our focus is to remove barriers to knowledge on the intersection of urban planning and human rights history, obligations, and best practices.


    We encourage everyone, not just professional planners, to explore these resources.


    'We', 'us', and 'our' throughout this page refers to those in the planning community, from urban planners to planning educators, to grassroots leaders who influence land use and real estate policies.

    Draft Reading List

    Key Readings

    Richard Dennis - Apartment Housing in Canadian Cities, 1900-1940 (pdf)Download
    Patrick Vitale - A Model Suburb for Model Suburbanites (pdf)Download
    Jessica Simone Roher - Zoning Out Discrimination (pdf)Download

    Key Human Rights Law Bodies, and Documents

    • National Housing Strategy Act -  In 2019, Parliament passed the National Housing Strategy Act. The Act recognizes housing as a human right, and commits organizations and governments to reform housing laws, policies and programs from a human rights perspective; and to involve communities in meaningful ways. The Act calls for the “progressive realization” of the right to housing. This means Canada must set specific timelines and goals in its housing strategy that make tangible progress towards the right to housing. For more info, see the Canadian Human Rights Commission's page about the National Housing Strategy Act.
    • Ontario Human Rights Code -  a provincial law that identifies the protected grounds on which residents should not face discrimination in for specific protected social areas such as jobs, housing, services, facilities, and contracts or agreements. 
    • OHRC - Ontario Human Rights Commission -  works to promote, protect and advance human rights through research, education, targeted legal action and policy development.
    • OHRT - Ontario Human Rights Tribunal -  an adjudicative tribunal that resolves claims of discrimination and harassment brought under the Human Rights Code. 

    Ontario Human Rights Code:

    Ontario Human Rights Code:

    Ontario Human Rights Code:

    Ontario Human Rights Code:

    Ontario Human Rights Code:

    Legislation Guiding Land Use Planning

    The Planning Act

    The Planning Act  is provincial legislation that sets out the ground rules for land use planning in Ontario. It describes how land uses may be controlled, and who may control them. It provides the basis for preparing Official Plans and planning polices that will guide future development, tools to facilitate planning for the future, regulating and controlling land uses through zoning bylaws and minor variances, and ensuring the right of local citizens to be notified about planning decisions, to give their views tot heir municipal council, and where permitted, to appeal to the Local Planning Appeal Tribunal (LPAT).


    Key statements of the Planning Act (emphasis added):

    • The Minister, the council of a municipality, a local board, a planning board, and the Tribunal, in carrying out their responsibilities under this Act, shall have regard to, among other matters, matters of provincial interests such as:
      • the  accessibility for persons with disabilities to all facilities, services and matters to which this Act applies
      • the adequate provision and distribution of educational, health, social, cultural, and recreational facilities
      • the resolution of planning conflicts involving public and private interests
    • An Official Plan shall contain
      •  goals, objectives and policies established primarily to manage and direct physical change and the effects on the social, economic, built and natural environment of the municipality or part of it, or an area that is without municipal organization; 
      • a description of the measures and procedures for informing and obtaining the views of the public in respect of,
        • proposed amendments to the official plan or proposed revisions of the plan,
        • proposed zoning by-laws,
        • proposed plans of subdivision, and
        • proposed consents under section 53
    • An Official Plan may contain
      • a description of the measures and procedures proposed to attain the objectives of the plan;
      • a description of the measures and procedures for informing and obtaining the views of the public in respect of planning matters not mentioned in clause above

    Provincial Policy Statement

    The  Provincial Policy Statement (PPS) is governed by the Planning Act. The Planning Act states that planning decisions of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government,  (a)  shall be consistent with the policy statements; and (b)  shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be.


    A direct result of the work of the Dream Team and the Ontario Human Rights Commission, statement 4.6 was added to the 2014 PPS, the first update since 2005. The 2020 PPS includes this as statement 4.4.


    • 2014 PPS: Statement 4.6:   This Provincial Policy Statement shall be implemented in a manner that is consistent with the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. 
    • 2020 PPS: Statement 4.4:  This Provincial Policy Statement shall be implemented in a manner that is consistent with the Ontario Human Rights Code and the Canadian Charter of Rights and Freedoms. 

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