Discrimination on the basis of caste in Canada, for now, will be addressed using provisions of the Canadian human rights acts. Human rights codes are laws that ban discrimination and protect the human rights of all persons in Canada. Currently, no Canadian human rights code, or federal code, provides protection on the basis of caste.
However, in the absence of national or provincial legislation that specifically prohibits caste discrimination, some judicial bodies and human rights commissions have taken action against caste discrimination. For example, in 2023, the Ontario Human Rights Commission (OHRC) formally petitioned the Federal Government to amend the Canadian Human Rights Act to add protection based on caste. In addition, in July, 2023, the British Columbia Human Rights Tribunal found that caste discrimination is prohibited under the British Columbia Human Rights code. Furthermore, in September, 2023, the Toronto District School Board released a draft of its revised Anti-Racism, Equity and
Toronto school board: the first move
On 8 March 2023, the Toronto District School Board (TDSB) voted 16-5 in favour of a motion to recognize caste-based discrimination and to create a framework to address it (Al Jazeera, March 2023; Desi News, July 2023). The motion was moved by trustee Yalini Rajakulasingam (Al Jazeera). TDSB became the first school board in Canada to recognize caste discrimination within its schools (Reuters, March 9, 2023, cited in LawNow Magazine).
The motion required the Board to seek the assistance of the OHRC to build the framework. The Board also said caste-based oppression should be included in its strategic plan, along with other forms of oppression (Desi News). Our article “Who are the Dalits?” explains the term that the community prefers to use for itself.
Ontario’s policy position, October 2023
The OHRC released its policy position on caste on October 26, 2023 (New Canadian Media). New Canadian Media noted that it became the first rights body in North America to officially include caste (New Canadian Media). In its statement, the OHRC cites caste-based oppression as a violation of human rights (New Canadian Media).
It states that organizations have a legal responsibility under the Code to create a discrimination- and harassment-free environment and to eliminate a poisoned environment based on caste and related grounds (Ontario Human Rights Commission, cited by LawNow Magazine). The Commission has identified different caste markers as skin color, names, dialects, rituals, and food (Ontario Human Rights Commission, cited by LawNow Magazine).
The ruling by the British Columbia Human Rights Tribunal
In 2023, the British Columbia Human Rights Tribunal awarded C$9,000 to Manoj Bhangu (LawNow Magazine). Bhangu alleged that during the 2018 company Christmas party, two colleagues, while intoxicated, referred to him by his Dalit caste, and physically assaulted and threatened him (LawNow Magazine). Tribunal member, Sonya Pighin, ruled in his favour (LawNow Magazine).
It is useful because it illustrates how a tribunal can address caste insults under a Code that does not mention caste. A B.C. bar article states that in cases like this, other grounds such as place of origin, ancestry and race can also be relevant, and the outcome can vary depending on the context (Keshava, Mistry and Sandhu, 2024, as cited by LawNow Magazine). They also state that the similarity between caste and class can raise issues because courts, traditionally, have resisted economic status as a ground (Keshava, Mistry and Sandhu, as cited by LawNow Magazine).
City policies in Brampton and Burnaby
Burnaby and Brampton have added caste as a protected category in their city policies (New Canadian Media). These are policies and motions, and not laws. Like the Toronto case, these local initiatives illustrate how, first, an attempt will be made at the local level to outlaw caste discrimination and then, subsequently, seek the help of the provincial commissions (South Asian Post).
What research says about caste in Canada
LawNow Magazine reports Chinnaiah Jangam, a history professor at Carleton University, as saying that caste is “invisible, particularly to white people”, but visible among South Asian communities, “where surnames (i.e. caste) are the ultimate determinants of marital alliances” (LawNow Magazine). Jangam says the past ten years have seen the immigration of caste-oppressed groups, and members of these groups have reported discrimination in housing and other social services (LawNow Magazine). He says the stigma of caste-oppression keeps the majority of these communities silent (LawNow Magazine).
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The case against specific anti-caste policies
Some groups in the Hindu community have raised objections to these proposals. They say the absence of caste data, the association of casteism with Hinduism, and their belief that current laws address the issue are valid reasons to oppose the proposals (New Canadian Media). The Canadian Organization of Hindu Heritage Education publicly opposed the Toronto motion and said that caste discrimination is not widespread in Canada, and existing human rights laws address discrimination (Desi News).
Proponents of the inclusion of anti-caste policies say caste discrimination can be found in other religious groups as well (New Canadian Media). They also believe that a named category helps people to understand and report slurs. Supporters and opponents of the inclusion of the term “caste” agree that discrimination should be unlawful. They are divided on whether the term should be included in policies.
How Canada compares with the US and UK
Canada’s approach is more like a middle path. US states have city ordinances and a vetoed state bill, and no federal law that names caste, as explained in our post on laws and lawsuits in the US. The UK has a legal duty to name caste which no minister has employed, as explained in our post on the UK Equality Act. Like Canada, there is also no national statute. However, one rights commission and a tribunal have utilized other grounds to achieve the same.
(The Ambedkarite Educational Program was created to teach the skills necessary for this work.)
Takeaway
As of now, there are no Canadian laws that solely target caste discrimination. However, in Ontario, the provincial Human Rights Commission says caste discrimination can be found in the existing Code. In British Columbia, a tribunal has awarded damages in a case of caste slurs. The Toronto District School Board has also recognized caste in its schools. Burnaby and Brampton have also included caste in their policies. Supporters of adding caste to policies and laws believe it provides a mechanism for people to recognize and address discrimination. Critics of adding a named caste to policies and laws say it targets and singles out Hindus. As of the last comprehensive report on the state of the law in Canada, it is in this state.
Frequently Asked Questions
Is caste discrimination illegal in Canada?
Canada’s human rights codes do not name caste. However, Ontario’s rights commission says caste is covered through related grounds such as ancestry and ethnic origin, and a B.C. tribunal has awarded damages in a caste slur case.
What did the Toronto school board decide about caste?
On March 8, 2023, the Toronto District School Board voted 16 to 5 to recognise caste-based discrimination and to work with the Ontario Human Rights Commission on a framework.
What is the Ontario Human Rights Commission’s position on caste?
In October 2023 it published a policy saying caste-based discrimination is an internationally recognised human rights violation and that organisations must keep environments free from caste-based harassment under the Code.
What was the B.C. caste discrimination case?
In 2023, the British Columbia Human Rights Tribunal awarded $9,000 to Manoj Bhangu after two men used a slur based on his Dalit caste at a 2018 company party.
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SOURCES
- LawNow Magazine, John Cooper, December 3, 2025
- Ontario Human Rights Commission, policy position on caste-based discrimination
- New Canadian Media, “Caste listed as discriminatory under Ontario’s new human rights policy”
- New Canadian Media, on the B.C. ruling and TDSB motion
- Al Jazeera, March 2023
- Global News, March 2023
- Desi News, July 2023
- South Asian Post, “Ontario declares caste is discriminatory”
- Reuters, March 9, 2023 (as linked by LawNow)
- CanLII, B.C. Human Rights Tribunal decision (as linked by LawNow)
