Changes at the Ontario Human Rights Commission

As you may know, the Ontario Human Rights Commission is one of the many government bodies that offers mediation as process to help resolve the complaints that it receives. You may have also heard that there are going to be some changes to the way that the Ontario Human Rights Commission handles complaints. I was curious about the reforms and was able to dig up the following summary of the changes from the Ministry of the Attorney General’s website. Please click on the link below for more information.

The Need For Change

Ontario’s human rights system was created in 1962. The system is often criticized for taking too long to resolve a complaint and for giving individuals too little control over their own cases. Calls for reform of the system began as long ago as 1990.

Currently, a discrimination complaint is filed with the Ontario Human Rights Commission. The Commission takes carriage of the case, investigates the complaint and determines whether the complaint should continue on to the Human Rights Tribunal of Ontario. If the case is referred to the Tribunal, many steps in the process may be repeated.

There has been too much duplication in the system and with an average of 2,500 discrimination claims filed per year, the backlog of cases has become overwhelming. It can often take years to resolve a claim.

The New System

In April 2006, the Attorney General introduced legislation to bring changes to Ontario’s human rights complaints system. There was considerable public debate on the proposed reforms. Legislative committee hearings were held and more than 60 amendments were made to the bill.

In December 2006, the Human Rights Code Amendment Act, 2006, received Royal Assent. The Ontario government is now moving forward to implement a strengthened human rights system.

When implementation is complete, the province’s new human rights system will consist of the Ontario Human Rights Commission, the Human Rights Tribunal of Ontario and a new Human Rights Legal Support Centre.

The Ontario Human Rights Commission will expand its work in promoting a culture of human rights in the province by engaging in proactive measures such as public education, policy development, monitoring, research and analysis. It will also conduct inquiries and may initiate applications or intervene in important cases before the Tribunal.

The Human Rights Tribunal of Ontario will deal with all claims of discrimination filed under the Human Rights Code. The Tribunal is establishing new processes that are open, accessible and provide effective resolution of cases.

Human rights claims will be filed directly with the Tribunal, and all cases that meet the requirements of the legislation will receive early access to an adjudicator to be resolved fairly, effectively and quickly.

A new Human Rights Legal Support Centre will offer independent human rights-related legal and support services to individuals throughout Ontario, ranging from advice and support to legal representation.

As part of the 2007 budget, the McGuinty government announced an additional $8 million investment over three years for the new human rights system, with $3 million allocated for this year. This represents a 22 per cent increase in human rights funding for 2007/2008, and is the largest human rights budget allocation in the history of Ontario’s human rights system.

What’s Happening Now

The launch date for the new human rights system has been set for June 30, 2008. Until that date, the Commission will continue to process all human rights complaints filed with it under the Ontario Human Rights Code, and according to the Commission’s policies and procedures. The Commission will continue to receive and handle complaints through the inquiry, intake, mediation and investigation processes. It will also continue to refer appropriate cases to the Tribunal for a hearing.

There will be a transition period of six months following the launch date to deal with cases already in the system. A special procedure for these cases is being developed. After the launch date, all new discrimination applications will be filed at the Tribunal.

http://www.attorneygeneral.jus.gov.on.ca/english/about/ohrc.asp

And here’s another link for you if you’re interested in reading more…

http://www.ohrc.on.ca/en/resources/Policies/gdpp

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