Breastfeeding
Human Rights Code Violations
In Ontario, mothers have the legal right to breastfeed in public. This means that if a mother chooses to breastfeed her baby while out and about, she cannot be asked to leave a public space or cover up. It is important for society to support and respect a mother's choice to breastfeed her baby, regardless of where she chooses to do so.
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Discrimination in Breastfeeding
Breastfeeding is a fundamental right for mothers in Ontario, and you have the right to nurse in public. Although it can feel intimidating, there are laws in place to protect mothers who choose to feed their babies in public.
In Ontario, the Breastfeeding Act, 2010, protects the rights of mothers to breastfeed their babies in any public or private location. This means that mothers are not limited to breastfeeding their babies in designated areas, and they do not need to ask permission to breastfeed in public. It also means that businesses or organizations cannot discriminate against mothers who choose to breastfeed in public.
Though it is your legal right to breastfeed in public in Ontario, it can be difficult to do so. Unfortunately, there is still a stigma around breastfeeding in public, and many mothers still feel judged. Some mothers feel more comfortable breastfeeding in private, or in a designated area.
If you choose to breastfeed in public, it is important to remember that you can do so without feeling ashamed. It is your right to feed your baby in public, and you should not be made to feel uncomfortable.
If you ever experience discrimination or negative comments while breastfeeding in public, you should contact Cordaie Paralegal Services immediately. We will assist you with reporting it to your local health unit and filing a complaint with the Ontario Human Rights Commission. It is important to stand up for your rights and to protect the rights of other mothers.
Breastfeeding is a natural act, and it is your right to feed your baby in public in Ontario. You should never be made to feel ashamed or uncomfortable for choosing to breastfeed in public.
Don't Cover Up - Speak Up Instead
As a new mother, you’re likely well aware that breastfeeding in public can often be a controversial topic. Despite the fact that it’s perfectly legal in Ontario, it can still be met with criticism from some people.
If you’re facing resistance to your right to breastfeed in public, it’s important to know that help is available. Our team at Cordaie Paralegal Services can help protect your right to breastfeed your baby in public.
No mother should feel ashamed or embarrassed for breastfeeding her child in a place where it’s legal to do so. If you’re being harassed or discriminated against, it’s essential to take action and defend your right. We can provide advice on the best way to handle the situation and make sure your rights are protected.
It’s important to remember that the law regarding breastfeeding in public states that it is perfectly legal. Our paralegal can help you understand the laws in our province and provide guidance on the best way to respond, if necessary.
We can also provide advice on how to handle any negative reactions you may receive from strangers or acquaintances.
If you feel that your right to breastfeed in public is being violated, the first step is to contact our team. Our paralegal can help you assess your legal options and make sure your rights are respected. It’s important to remember that you have the right to breastfeed your child in public, and Cordaie Paralegal Services can make sure that your rights are defended.
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Discrimination in Breastfeeding
Some information that you should know about discrimination in breastfeeding.
Breastfeeding is a Human Right
Breastfeeding is a right for women. Breastfeeding also occurs after delivery. Women should not face discrimination in services, housing, and employment because of their breastfeeding choice. No one should harass or negatively treat them because they choose not to breastfeed. Discrimination based on pregnancy in this policy also includes discrimination based on nursing.
As well as nursing directly from the breast, pumping or expressing milk is also part of breastfeeding. For example, breastfeeding mothers who continue to nurse their toddlers should not be subjected to negative comments or treatment. Others discourage breastfeeding in public places because it is considered indecent. Public decency does not apply to breastfeeding, which is a health issue. There should be a choice for women about how to feed their babies in a dignified, comfortable, and healthy way.
Know Your Rights
Breastfeeding mothers have rights, including the right to breastfeed in public. You should not be prevented from breastfeeding your child because you are in a public place. You shouldn't be asked to "cover up," disturbed, or asked to move to a more discreet area.
Each province and territory in Canada has a Human Rights Code. In these codes, women are protected from discrimination based on their sex. Breastfeeding mothers are specifically protected by law in only two provinces, Ontario and British Columbia. The provisions cover time, access, and accommodation at work and in public.
In addition, the Canadian Charter of Rights and Freedoms provides some protection at the federal level.
According to Section 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."
Gender equality is also enshrined in Section 28 of the Charter to ensure that women receive all guaranteed benefits.
"Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons.
Harassed for Breastfeeding in Public
If the incident occurred in Ontario, contact our team to help you file a complaint with the Ontario Human Rights Commission. Individual officers may be unfamiliar with breastfeeding complaints since commissions do not handle many breastfeeding complaints. Some may need to be explained why this is discrimination, or why an alternative place to breastfeed is not sufficient. You must be persistent. If you prefer to file the complaint yourself, you may feel unheard. We can help and support you with your complaint. Women's rights organizations and other groups may help.
Legal precedent has not been set to specifically include breastfeeding under human rights protection to date, however, the recent Supreme Court of Canada decision, Brooks v. Canadian Safeway Ltd. (1989), 59 D.L.R. (4th) 321 (S.C.C.), Dickson C.J.C. states;
"...how could pregnancy discrimination be anything other than sex discrimination? The disfavoured treatment accorded to Mrs. Brooks, Mrs. Allan, and Mrs. Dixon flowed entirely from their state of pregnancy, a condition unique to women. They were pregnant because of their sex. Discrimination on the basis of pregnancy is a form of sex discrimination because of the basis of the biological fact that only women have the capacity to become pregnant."
Asked to Leave a Public Place for Breastfeeding
Any place you visit without a personal invitation is considered a public place. There are several possible courses of action if you are told to stop breastfeeding your child.
Here are some options:
- Refuse to leave and stand your ground. State calmly and confidently that you have the right to feed your infant without discrimination. There is unfortunately a great deal of intimidation experienced by first-time mothers in such situations.
- Contact the Human Rights Commission in your province to file a formal complaint
- Your local community newspaper should be notified about the incident
- Inform your local councillor, school trustee, MP, and MPP. Select the official responsible for the location where the incident occurred. Whenever you are asked to leave a school setting, it is advisable to contact the appropriate school trustee with your complaint. It's a good idea to contact local councillors and MPPs if you're not sure who to contact.
- You can contact your local public health unit for more information. If you would like help with filing an official complaint, contact us for a free consultation.
- The place where the incident occurred should be boycotted, as well as friends and family members. You should let the facility know why you are doing this
Frequently Asked Questions
Here are answers to some common questions.