Ontario
In this section, we explore human rights, particularly the right to equality and non-discrimination, in the province of Ontario. Learn how these rights are protected, the specific issues relevant to this region, and the resources available to ensure their enforcement and promotion.
Human Rights in Ontario
The Ontario Human Rights Code Protects Against Discrimination for Individuals in Ontario.
The Ontario Human Rights Code prohibits discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, criminal record, marital status, family status, disability, receipt of public assistance, or association with one or more persons identified by any of these grounds.
These prohibited grounds of discrimination apply namely in the following areas: accommodation (housing), contracts, employment, goods, services and facilities, membership in unions, trade or professional associations.
Ontario Human Rights Commission
The Ontario Human Rights Commission is responsible for promoting and protecting human rights in Ontario. It fulfills this mandate through policy development, research, public education and training, human rights inquiries, and legal action.
As part of its legal actions, the Commission may file an application with the Human Rights Tribunal of Ontario if it believes the case is in the public interest and that the Tribunal could provide an appropriate remedy for the situation.
Human Rights Tribunal of Ontario
The Human Rights Tribunal of Ontario is an adjudicative body responsible for hearing and deciding cases of alleged discrimination and harassment under the Ontario Human Rights Code.
If a person experiences discrimination, they can file an application directly with the Tribunal. However, the Tribunal may dismiss the application if it determines that the case does not fall within its jurisdiction.
Once an application is submitted, the respondent (the person or entity accused of discrimination) can file a defense, followed by a reply from the applicant. The Tribunal adjudicator reviewing the case may decide to hold a summary hearing if they believe the application has no reasonable chance of success. After this hearing, the adjudicator will decide whether to accept or dismiss the complaint.
If the complaint is accepted, the Tribunal holds a hearing to decide the case.
At the end of the hearing, the adjudicator issues a final decision on whether discrimination occurred.
Before the hearing, the parties may choose arbitration-mediation instead. In this process, the adjudicator first facilitates mediation to help the parties reach a mutual agreement. However, if mediation fails, the adjudicator proceeds with a formal hearing and makes a final and binding decision on the case.
In both the application and defense forms, mediation is encouraged as an alternative dispute resolution process. If both parties agree, the Tribunal provides a neutral mediator to help resolve the conflict and reach a settlement. If mediation is unsuccessful, the case proceeds through the regular Tribunal process, and a hearing may be held.
Human Rights Legal Support Centre
The Human Rights Legal Support Centre is an independent organization separate from the Human Rights Tribunal of Ontario that provides legal assistance to victims of discrimination throughout the Tribunal’s application process. The Centre offers legal advice to individuals considering filing an application with the Tribunal, legal representation during Tribunal proceedings, and even assistance with judicial reviews.
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What Types of Reparations Are Possible?
If the Tribunal determines that discrimination has occurred, it may order various forms of compensation to address the harm suffered by the victim.
The Tribunal may order the party who infringed the right to pay monetary compensation, including damages for harm to the victim’s dignity, feelings, and self-respect, or to provide restitution for financial losses resulting from the violation of the victim’s rights. Additionally, the Tribunal may issue any other order it deems necessary to ensure compliance with the Ontario Human Rights Code.
What If You Disagree with the Tribunal’s Decision?
All Tribunal decisions are final and cannot be appealed. The only way to challenge a decision is by filing an application for judicial review with the Divisional Court. This request will only be granted if the Court finds that the Tribunal’s decision was patently unreasonable.
It is important to respect the prescribed deadlines for filing a judicial review application.
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