April 2, 2007 Ontario Human Rights Commission Introduction to the Enhanced Complaints Process (ECP) – Pilot

Ontario Human Rights Commission Commission ontarienne des droits de la personne 2 INTRODUCTION  Ontario’s human rights system is changing  Eventually, complainants will file directly with the Human Rights Tribunal of Ontario  Until then, the Commission continues to have a duty to investigate & attempt settlement for each complaint

Ontario Human Rights Commission Commission ontarienne des droits de la personne 3 INTRODUCTION  Improve customer service in response to community concerns about the length of time it takes to process complaints  Need to increase parties’ engagement in the complaint management process (e.g. timely production)  Devise a system to better address the cases in the system

Ontario Human Rights Commission Commission ontarienne des droits de la personne 4 GOALS  To reduce the average case processing time  To increase the participation of the parties in the process  To enhance resolution possibilities  To improve customer service

Ontario Human Rights Commission Commission ontarienne des droits de la personne 5 STRATEGIES  Triage complaints for complexity  Provide fixed mediation (“MM”) & fact-finding meeting (“FFM”) dates  Provide timelines for complainants & respondents  Greater use of streamlined procedures  Targeted investigations

Ontario Human Rights Commission Commission ontarienne des droits de la personne 6 BENEFITS TO PARTIES  More transparent process  New complaints (filed on or after February 12, 2007) will be investigated in a shorter time frame  Systemic cases will be identified earlier  Increased public confidence in the system

Ontario Human Rights Commission Commission ontarienne des droits de la personne 7 BENEFITS TO PARTIES  Provides tools to move cases more quickly through the system  Bringing parties together may more often result in settlement, reducing the need for a full investigation  Sets timelines on the parties for production to move case along faster

April 2, 2007 Ontario Human Rights Commission COMPLAINT PROCESS

Ontario Human Rights Commission Commission ontarienne des droits de la personne 9 INTAKE  Complaint received & assessed by Intake Officer & mediator/investigator  Complaint served within 60 days  Serving letter provides both mediation & fact- finding meeting dates  Rescheduling permitted on Code-related grounds/extreme personal hardship

Ontario Human Rights Commission Commission ontarienne des droits de la personne 10 MEDIATION  Mediation set a minimum of 6 weeks after complaint served  Mediator conducts formal mediation

Ontario Human Rights Commission Commission ontarienne des droits de la personne 11 MEDIATION If mediation fails, or the parties do not attend mediation:  the file is forwarded to Investigation OR  if Commission staff or the respondent have requested that the Commission exercise its discretion & ‘not deal’ with a complaint under s.34 of the Code, Commission staff may write this report & send it to the Commission for a decision

Ontario Human Rights Commission Commission ontarienne des droits de la personne 12 INVESTIGATION  Investigator creates production letter. Parties are given a maximum of 30 days to provide production  Letters to complainant & respondent set out exact documents or things that must be received before fact-finding meeting E.g. Record of Employment, names/addresses of witnesses, disciplinary records, “will-say” statements

Ontario Human Rights Commission Commission ontarienne des droits de la personne 13 INVESTIGATION  Failure to provide complete production upon request may result in the case being sent to the Commission for a decision with no further notice to the parties  Investigator then conducts fact-finding meeting a minimum of 6 weeks after mediation fails

Ontario Human Rights Commission Commission ontarienne des droits de la personne 14 FACT-FINDING MEETING  Two parts: Investigation & Conciliation  During the Investigation, the investigator questions relevant parties & any witnesses permitted to attend  Investigator narrows the issues, examines documents, identifies relevant Commission policies, & gives an assessment of the evidence Continued…

Ontario Human Rights Commission Commission ontarienne des droits de la personne 15 FACT-FINDING MEETING  During Conciliation, the investigator provides the parties with a further opportunity to reach an agreement  Conciliation discussions are ‘without prejudice’, unless waived

Ontario Human Rights Commission Commission ontarienne des droits de la personne 16 ROLE OF COUNSEL  Complainant or respondent can choose to have counsel represent them & assist with production requests  At the fact-finding meeting, counsel cannot give evidence or question witnesses or the other party  Fact-finding meeting will generally not be rescheduled if counsel is unavailable

Ontario Human Rights Commission Commission ontarienne des droits de la personne 17 INVESTIGATION  Where the fact-finding meeting does not resolve but the investigation is sufficient to recommend that the Commission refer or not refer the case to the Human Rights Tribunal of Ontario, the Officer will write a Case Analysis report/ Disclosure Letter

Ontario Human Rights Commission Commission ontarienne des droits de la personne 18 INVESTIGATION  Where more evidence is needed, the investigator conducts further investigation & provides a verbal review of findings to parties  Investigator makes a recommendation to the Commission. The final decision rests with the Commissioners

Ontario Human Rights Commission Commission ontarienne des droits de la personne 19 POST-REFERRAL  After a case is referred, Commission staff may conduct further investigation if required to present the case at the Human Rights Tribunal of Ontario

Ontario Human Rights Commission Commission ontarienne des droits de la personne 20 ENSURING COOPERATION Investigators can use their discretion to send cases to the Commission for a decision with no further notice to the parties if:  Complainant/respondent does not provide complete production without reasonable explanation (s.36(2), s.33(6)) Continued…

Ontario Human Rights Commission Commission ontarienne des droits de la personne 21 ENSURING COOPERATION  A party does not attend the fact-finding meeting & gives no reasonable explanation (s.36)  Parties cannot be located (s.36)

Ontario Human Rights Commission Commission ontarienne des droits de la personne 22 ENSURING COOPERATION  In these cases, a Case Analysis or Disclosure Letter may not be completed E.g. where a respondent fails to provide production, the complaint, answer, production letter, & any production provided can be put before the Commission for a decision under s.33(6) with no further notice to the parties

Ontario Human Rights Commission Commission ontarienne des droits de la personne 23 TRANSITION OF OLDER CASES  Complaints already filed will be integrated into the system by applying mediation & fact-finding meeting dates as they are assigned to mediators & investigators  By applying mediation & fact-finding meeting dates on files, it will free up resources to work on older cases to reduce the case inventory  Integrating all older cases into the system will take some months

Ontario Human Rights Commission Commission ontarienne des droits de la personne 24 PUBLIC INTEREST  Staff will continue to account for power imbalances when addressing the parties & conducting mediation & fact-finding meetings  Officers still represent the public interest in mediation & fact-finding meetings  Public interest remedies are still expected in each settlement  Earlier identification of systemic cases may mean more strategic involvement on cases that broadly affect the public interest

Ontario Human Rights Commission Commission ontarienne des droits de la personne 25 ACCOUNTABILITY  Ongoing monitoring of the system will occur by the Commission  We invite the public to provide their feedback at:  The Commission’s annual report will provide evaluation data

Ontario Human Rights Commission Commission ontarienne des droits de la personne 26 FURTHER RESOURCES Web site contains the following:  Internal Guide for Processing Complaints (launch will be at the end of April)  The Ontario Human Rights Commission Complaint Process: Service Guide  Ontario Human Rights Commission Service Guide: Filing Complaints  Ontario Human Rights Commission Service Guide: Resolving Complaints

Ontario Human Rights Commission Commission ontarienne des droits de la personne 27 CONTACT INFORMATION Local Telephone Inquiry (416) Toll-Free Telephone Inquiry TTY (Local) (416) TTY (Toll Free) Inquiries