Ontario Human Rights Code Reforms

Ontario's human rights complaint system has long been criticised for inefficiency and delay.

On April 26, 2006, Ontario Attorney General Michael Bryant tabled reforms to Ontario's Human Rights Code, aimed at streamlining procedures, improving access, and speeding up claims resolution.

The A-G's news release describes the proposed changes:

Under the proposed Human Rights Code Amendment Act, 2006, the Ontario human rights system would be improved by:

• Strengthening the role of the Ontario Human Rights Commission (OHRC) in preventing discrimination by focusing its work on proactive measures such as public education, systemic advocacy, promotion, research and analysis
• Allowing discrimination claims to be filed directly with an enhanced Human Rights Tribunal of Ontario (HRTO) and be resolved quickly and effectively through mediation, adjudication and enforcement
• Creating a new Human Rights Legal Support Centre that would provide information, support, advice, assistance and legal representation for those seeking a remedy at the tribunal
• Establishing two new secretariats, an anti-racism secretariat and a disability rights secretariat, within the OHRC.

"The commission will continue to work with the government to build a renewed human rights system that maintains Ontario’s position as an international leader in human rights," said Barbara Hall, chief commissioner of the OHRC.

"Under this legislation, Ontarians would be able to have their human rights complaints resolved quickly, efficiently and effectively," said Michael Gottheil, chair of the HRTO. "I look forward to working with the government on implementation."

Professor Lorne Sossin, Associate Dean and Associate Professor at U. of T. Law School comments on the proposed reforms at the University of Toronto Faculty of Law Blog:

Human Rights Reform in Ontario: A Time for Change

For over fifteen years, there has been a growing dissatisfaction with the human rights process in Ontario. This dissatisfaction has been expressed by members of equity seeking communities, by human rights advocates and by lawyers practicing in the area of human rights. During that time, there have been four government-initiated reviews of human rights enforcement systems in Canada, one specifically directed at the Ontario legislation, one dealing with the very similar federal human rights complaint system, and two reviewing the systems in other provinces. Despite the fact that each of these reviews made very similar recommendations for reform of the human rights complaint process, to date no major reform has been undertaken in Ontario. That is, until now.

On February 20th, 2006, Attorney General Michael Bryant announced proposals to reform the human rights system of Ontario. The proposals call for direct access to the Human Rights Tribunal of Ontario rather than the current system in which the Commission screens all complaints and decides which complaints will be referred on to a hearing in front of the Tribunal.

Further, the current proposals are intended to enable the Ontario Human Rights Commission to take a leadership role in “public education, promotion and public advocacy,” While the Commission could still bring a complaint to the tribunal, its role would focus less on individual instances of discrimination and more on system or social discrimination.

The full text of Bill 107 2006 can be found at this link. The proposed amendments have not been passed in the Legislature and are not yet enacted as law.

- Garry J. Wise, Toronto

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