The Ontario Human Rights Commission

Overview: Ontario Human Rights Commission Ontario's Human Rights Code was enacted in Ontario's Human Rights Code was enacted in 1962.Human Rights CodeHuman Rights Code The Ontario Human Rights Commission was established in 1961 to administer the Code.The Ontario Human Rights Commission was established in 1961 to administer the Code. The Commission's mandate under the Code includes:The Commission's mandate under the Code includes: investigating complaints of discrimination and harassment;investigating complaints of discrimination and harassment; making efforts to settle complaints between parties;making efforts to settle complaints between parties; preventing discrimination through public education and public policy; andpreventing discrimination through public education and public policy; and looking into situations where discriminatory behaviour exists.looking into situations where discriminatory behaviour exists.

Protected Areas The Code protects people in Ontario against discrimination in: employmentemployment accommodationaccommodation goodsgoods services and facilitiesservices and facilities membership in vocational associations and trade unionsmembership in vocational associations and trade unions

Grounds for Action RACEANCESTRYPLACE OF ORIGIN * COLOUR* ETHNIC ORIGIN* SAME-SEX PARTNERSHIP * CREED (RELIGION)* SEX (PREGNANCY) * SEXUAL ORIENATATION * HANDICAP* AGE* MARITAL STATUS * FAMILY STATUS * RACE * CITIZENSHIP * ANCESTRY * RECEIPT OF PUBLIC ASSISTANCE (ACCOMMONDATION) * PLACE OF ORIGIN* RECORD OF OFFENCES (EMPLOYMENT)

Discrimination: Any practice that would deny an individual rights or opportunities available to other members of society, inspired solely by the fact that the individual is a member of a protected group. Discrimination may arise as a result of direct differential treatment or it may result from the unequal effect of treating individuals and groups in the same way. Discrimination vs. Harassment Harassment: Any practice that would expose or subject an individual to unwelcome and undesirable behaviour (to which other members of society are not usually exposed), inspired solely by the fact that the individual is a member of a protected group. Formal Equality: Treating people in the exact same manner, regardless of any differences that might exist between them. Substantive Equality: Treating people differently so as to provide them equality of opportunity.

The Commission investigates and tries to resolve complaints.The Commission investigates and tries to resolve complaints. Restoring Rights The aim is to restore the complainant's rights.The aim is to restore the complainant's rights.

Who Are the Commissioners? There is a full-time Chief CommissionerThere is a full-time Chief Commissioner There are 12 part-time Commissioners.There are 12 part-time Commissioners. Commissioners are appointed by Order-in- Council. Staff of the Commission is appointed under the Public Service Act.Commissioners are appointed by Order-in- Council. Staff of the Commission is appointed under the Public Service Act.

Note: At each stage an attempt is made to settle the complaint. If not resolved, then it moves to the next stage. A complaint may also be dismissed at any stage. However, either party can appeal to a Board of Inquiry or a higher court. Complaint Process There are eleven stages to the complaint process: 1.Contact 2.Filing Complaint 3.Serving the Respondent 4.Section 34 Application 5.Mediation 6.Investigation 7.Conciliation 8.Analyses 9.Decision 10.Reconsideration 11.Tribunal

1. Contacting Inquiry Services Any person in Ontario who wishes to make a Code-related complaint about discrimination or harassment to the Commission has the right to do so.Codediscrimination or harassment If it is determined that the issue is covered by the OHRC, Commission staff will send out a Human Rights Complaint Form. 2. Making the Complaint In most cases, the person making the complaint will complete the form listing all facts and return it to the Commission. 3. Serving the Respondent Once the complaint has been signed and returned to the Commission, it will then register and “serve” the complaint. The respondent is requested to provide a response in writing within 21 calendar days.

4. Some complaints are not dealt with (Section 34) Section 34 of the Code provides the Commission with the discretion, in limited circumstances, to not deal with a complaint if it is of the opinion that it: could be more appropriately dealt with under another piece of legislation;could be more appropriately dealt with under another piece of legislation; is trivial, frivolous, vexatious or made in bad faith;is trivial, frivolous, vexatious or made in bad faith; is not within the Commission’s jurisdiction; or,is not within the Commission’s jurisdiction; or, is based on occurrences that are more than six months old.is based on occurrences that are more than six months old.

5. Mediation The Commission is impartial and staff will work with both parties to try to settle the dispute if possible. Voluntary and confidential mediation services by highly trained Commission mediators are offered to both parties. mediation servicesmediation services If mediation leads to a settlement and the agreement is signed and approved by the Commission, the matter will be closed. If mediation is unsuccessful, if one party chooses not to participate in mediation, or the matter does not appear to be appropriate for mediation, it will be referred for investigation where an officer will be assigned to investigate the complaint.

6. Investigation The investigation officer conducts an impartial investigation including interviewing witnesses and gathering documentary evidence. The aim is to get the parties to come to a settlement. 7. Conciliation Conciliation is a process of discussing a settlement with parties after the investigation has been completed and the findings disclosed to the parties. If the parties come to a settlement, both will be required to sign a written agreement and to abide by the terms of the agreement and the matter is closed. 8. Case Analysis If conciliation is not successful, staff may refer the matter to the Human Rights Tribunal. The decision is made by the Commissioners.

The Human Rights Tribunal The Human Rights Tribunal of Ontario hears evidence and decides whether or not discrimination occurred and what needs to be done to remedy the situation and prevent further discrimination. The Tribunal is independent from the Commission. (The Commission, the respondent and the complainant are each separate parties before the Tribunal.) The Commission presents its evidence about the complaint to the Tribunal, although the complainant has the right to make separate submissions. The Commission does not represent the complainant or the respondent at the Tribunal. Can appeal decision to a higher court.

The goal of the tribunal is generally the restoration of human rights. Thus, if a complaint is settled or if a tribunal rules that discrimination has taken place, those responsible may be required to: Possible Remedies end the discrimination;end the discrimination; establish programs to correct unfairness;establish programs to correct unfairness; produce a plan to correct discriminatory practices;produce a plan to correct discriminatory practices; compensate for lost wages or hurt feelings;compensate for lost wages or hurt feelings; pay other costs of settling the complaint.pay other costs of settling the complaint.

CLN 4U1 Is the Ontario Human Rights Code still Necessary? Check this out: CLN 4C1 ~ For Further Information: Video on Ontario Human Rights Tribunal:Video on Ontario Human Rights Tribunal: