Section 10(2) The Ontario Human Rights Code specifies:

The right to equal treatment without discrimination because of sex includes the right to equal treatment without discrimination because a woman is or may become pregnant.

R.S.O. 1990, c. H.19, s. 10 (2).

The Ontario Human Rights Commission (OHRC) developed a Policy on Discrimination Because of Pregnancy and Breastfeeding (PDF document) which further explains the law and its interpretation and implementation. It clarifies that the protections for pregnancy include the post-natal period, which includes breastfeeding. The policy statement elaborates:

You have rights as a nursing mother. For example, you have the right to breastfeed a child in a public area. No one should prevent you from nursing your child simply because you are in a public area. They should not ask you to “cover up”, disturb you, or ask you to move to another area that is more “discreet”.

There are also protections on the federal level. The Canadian Charter of Rights and Freedoms specifies:

15(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

INFACT Canada explains what women can do if they have been harassed for breastfeeding:

Report the incident to the Human Rights Commission in your province. As commissions don’t handle many complaints about breastfeeding, individual officers may be unfamiliar with the issue and require some explanation of why this is discrimination, or why the provision of an alternative place to breastfeed is not enough. Be persistent. Contact a women’s rights organization, La Leche League or other group for help and support if you feel you are not being heard.

According to the OHRC website, complaints are now to be filed directly with the Human Rights Tribunal of Ontario.

Post from: Breastfeeding 1-2-3

You are invited to a breastfeeding rights rally on Friday, November 7, 2008, in Newmarket, Ontario.

The Breastfeeding Discrimination Incident

Nursing mother Cinira Longuinho explains:

I was breastfeeding my daughter on the steps of the swimming pool when Ms. Ellie Karkouti, the owner of the facility, came to speak with me. Ms. Karkouti said they had one complaint and that I could not breastfeed my daughter in the swimming pool. She said if I wanted to breastfeed I would have use the changeroom. I tried to say that based on the law I had the right to breastfeed in public places but Ms. Karkouti said that she was the owner and I could only breastfeed in the changeroom. After that I stopped breastfeeding. Ms. Ellie Karkouti left. I stayed in the swimming pool.

It was the first time I have suffered discrimination in my life! I wanted to cry so bad. I tried to pretend this has never happened. My daughter kept asking to nurse and I denied her while we were in the pool. My heart was broken. I did not know what to do. I was completely sad, lost and numb.

Only after a few hours, I believe I started to think clearly again.

I informed the group of families registered for this swim time at The Aquacentre about the terrible episode. The leader of this activity, Carol-Anne Brockington, sent an email to The Aquacentre asking for an apology. Their feedback was “At no point did we discriminate against the act of breastfeeding.” They did not offer any apology.

After several emails of support from mothers ready to fight for the right to breastfeed, we have decided to organize a Breastfeeding Rights Rally, a peaceful nurse-in for Friday, November 7th in The Aquacentre at 2:30pm.

Details of the Rally

Friday Nov 7th, The Aquacentre Pool at 2:30-3:30pm
1215 Stellar Dr., Newmarket, Ontario L3Y 7B8
Phone: 905 895 2782, Fax: 905 853 4229,
email: info@aquacentrenewmarket.com and ellie@trinityrehab.com

Longuinho adds:

Please inform as many people as you can about this discrimination episode and the nurse-in…. Also, everybody is welcome to the peaceful nurse-in, you do not have to breastfeed to participate! All support is welcome! If you are unable to attend the nurse-in personally please feel free to email, phone or fax the facility to voice your concerns over this incident and show your support of breastfeeding rights – anywhere, anytime!

Unfortunately, the Aquacentre in Newmarket is a private facility that charges to use the pool. For this reason, to be able to participate in the Breastfeeding Rights Rally it is required that you pay the fee of $5.25 per swimmer. I wish it was not necessary to pay but the law requests it. We also welcome supporters that would like to be outside with signs. Please bring your own sign! Supporters that will be outside do not need to pay any fee.

Post from: Breastfeeding 1-2-3