Human Rights Reform

On April 26, 2006, the Ontario Government introduced Bill 107, the Human Rights Code Amendment Act, 2006.

The most significant aspect of the Bill is that, if passed, it will remove from the Ontario Human Rights Commission the responsibility for receiving, processing, mediating and investigating complaints under the Human Rights Code. The responsibility for representing the public interest in hearings before the Human Rights Tribunal of Ontario will also be removed from the Commission.

If passed, this important new Bill will significantly transform the legal process for dealing with human rights issues in Ontario.

The Bill adopts a “direct access model since, under the new regime, individuals who believe that their rights under the Code have been infringed will be able to make applications for relief directly to the Tribunal. While this change in process could result in more human rights cases proceeding to a hearing — and much more quickly — the Government has also built in a number of mechanisms to ensure that not every application will result in a full hearing before the Tribunal. Furthermore, the Bill prohibits individuals from making applications to the Tribunal if they have already started court proceedings alleging a violation of the Code and are seeking damages for injury to dignity, feelings and self respect.

The Tribunal will be given certain powers to dispose of applications without a hearing. Otherwise, it can hold a hearing or deal with the application through any alternative dispute resolution mechanism permitted by the Tribunal’s Rules.  The Tribunal will be able to dismiss an application without a hearing if:

• the proceeding is frivolous, vexatious or is commenced in bad faith;
  
• the proceeding relates to matters outside the Tribunal’s jurisdiction;
  
• some aspect of the statutory requirements for bringing the proceeding was not met (e.g. outside the “soft” statutory limit, or where there is a parallel court proceeding);
  
• the allegations do not disclose a violation of the Code or a settlement agreement; or
  
• another proceeding has appropriately dealt with the substance of the application.

The Bill will significantly alter the role of the Ontario Human Rights Commission so that it will focus primarily on proactive promotion of human rights in Ontario. Three new entities will also be established. The Bill provides for the Anti-Racism Secretariat and Disability Rights Secretariat which will focus on research, education and prevention of racism and discrimination on the basis of disability. Although not mentioned in the Bill, the Government has also announced that it would form the Human Rights Legal Support Centre to “provide information, support, advice, assistance and legal representation for those seeking a remedy at the Tribunal.”

If passed, this important new Bill will significantly transform the legal process for dealing with human rights issues in Ontario. On the day that the new legislation comes into effect, the Bill states that all outstanding complaints, including those under reconsideration, will be transferred to the Tribunal. Therefore, it appears that unless they can be resolved, outstanding complaints at the Commission may be headed for a hearing atthe Tribunal.

The Commission may be endeavoring to schedule mediations and reduce its caseload before the hand over, although things may still change as the Bill (which received second reading on May 8th) progresses through the legislative process.          

Credit: Hicks Morley June 2006