ASSEMBLING THE PIECES: CREATING A NIMBLE HUMAN RIGHTS TEAM Presentation to CASHRA May 2013, Halifax ASSEMBLING THE PIECES: CREATING A NIMBLE HUMAN RIGHTS TEAM Presentation to CASHRA May 2013, Halifax Michael Gottheil, Executive Chair Social Justice Tribunals Ontario

ASSEMBLING THE PIECES: CREATING A NIMBLE HUMAN RIGHTS TEAM … by creating a tribunal that can deal nimbly and effectively with human rights issues.

3 What the Courts Have Said: “…the adjudication of Code issues is no longer the exclusive domain of the Ontario Human Rights Commission” “The legislature has … contemplated that this fundamental law could be applied by other administrative bodies.” “… the SBT had the responsibility of applying the Code in order to render a decision that reflected the whole law of the province.” Tranchemontagne v. Ontario (Director, Disability Support Programs), 2006 SCC 14, at pp

44 What the Courts Have Said: (cont’d) “We do not have one Charter for the courts and another for administrative tribunals.” “The Charter is not some holy grail which only judicial initiates of the superior courts may touch. The Charter belongs to the people. All law and law ‑ makers that touch the people must conform to it. Tribunals and commissions charged with deciding legal issues are no exception. Many more citizens have their rights determined by these tribunals than by the courts. If the Charter is to be meaningful to ordinary people, then it must find its expression in the decisions of these tribunals.” R. v. Conway 2010 SCC 22 quoting McLachlin, J (as she then was) in Cooper v. Canada (Human Rights Commission) 1996 SCC 854.

55 What the Courts Have Said: (Cont’d) Doré v. Barreau du Québec, 2012 SCC 12 Doré v. Barreau du Québec, 2012 SCC 12 British Columbia (Workers Compensation Board) v. Figliola, 2011 SCC 52 British Columbia (Workers Compensation Board) v. Figliola, 2011 SCC 52 and and Moore v. British Columbia (Education), 2012 SCC 61 Moore v. British Columbia (Education), 2012 SCC 61 Fischbach v. Terra Bella Housing, 2013 ONSC 872 Fischbach v. Terra Bella Housing, 2013 ONSC 872

66 Child and Family Services Review Board Child and Family Services Review Board Custody Review Board Custody Review Board Human Rights Tribunal Ontario Human Rights Tribunal Ontario Landlord and Tenant Board Landlord and Tenant Board Special Education Tribunals (English and French) Special Education Tribunals (English and French) Social Benefits Tribunal Social Benefits Tribunal Social Justice Tribunals Ontario (SJTO)

77 Rental Housing Rental Housing Income Security Income Security Human Rights Human Rights Education Education Child and Youth Mental Health Child and Youth Mental Health Youth Justice Youth Justice SJTO – Subject Areas

88 Building Competencies and Capacity: Expertise Multidisciplinary Multidisciplinary Interdisciplinary Interdisciplinary

99 Building Competencies and Capacity (cont’d) Recruitment Recruitment Cross-Appointments Cross-Appointments Professional Development Professional Development

1010 Building Competencies and Capacity (cont’d) Recruitment Recruitment o Defining Competencies o Valuing Diversity o Capacity Across the Organization o Designing Recruitment Strategy

1111 Building Competencies and Capacity (cont’d) Cross-Appointments Cross-Appointments o Boost Capacity o Strategic Assignment o Peer Learning Opportunities o Career Development

1212 Building Competencies and Capacity (cont’d) Professional Development Professional Development o Core Competencies in Human Rights o Accessibility and Accommodation o Active Adjudication o “Judging Without Assumptions” o “Human Rights in A Hurry”

13 What’s Next? Case Management and Triage Processes for Identifying Human Rights Issues Common Portal Strategic Assignment and Panels Consolidated Hearings Special Appeal Panels

14 More Information: