Backgrounder

Human Rights Reforms To Better Serve The Public

February 20, 2006

Modernized Human Rights System in Ontario

The McGuinty government intends to introduce legislation in spring 2006 that would, if passed, transform Ontario's 40 year-old human rights system so that it can better respond to modern human rights issues.

The proposed new model for human rights would provide a quicker, more efficient way to resolve complaints by allowing claims to be filed directly with an enhanced Human Rights Tribunal of Ontario. The new model would also strengthen the Ontario Human Rights Commission and allow it to place greater emphasis on proactive measures to address human rights issues.

Current Human Rights System in Ontario

The current human rights system, consisting of the Ontario Human Rights Commission and the Human Rights Tribunal of Ontario, has been in place since 1962, when the Province enacted Canada's first human rights code. The code was established to protect everyone in the province against discrimination and harassment in the workplace, and in accommodation, goods, services and facilities.

Ontario Human Rights Commission

The commission is an independent agency, accountable to the legislature through the Attorney General. The commission enforces the Ontario Human Rights Code, and its central role is to receive complaints and to investigate them. After complaints are investigated, the commission then decides whether the matter should go forward to a hearing before the Human Rights Tribunal of Ontario.

The commission has received international recognition for its policy work, research and development of guidelines on significant human rights issues. Recent publications include reports on racial profiling, age discrimination, mandatory retirement and an accessibility audit of restaurant chains.

The McGuinty government appointed Barbara Hall chief commissioner of the Ontario Human Rights Commission in November 2005.

Human Rights Tribunal of Ontario

The tribunal is an independent, quasi-judicial body, which hears and decides complaints of discrimination and harassment under the code. It can only hear complaints referred to it by the commission. It is responsible for reviewing and making a decision on complaints.

The McGuinty government appointed Michael Gottheil chair of the Human Rights Tribunal of Ontario in April 2005.

Proposed New Ontario Human Rights Commission

Under the proposed reforms, the commission's role would focus on proactive measures, such as public education, promotion and public advocacy, research and monitoring, to address systemic discrimination in Ontario. An anti-racism secretariat within the commission would also be established. The commission would also maintain the ability to bring a complaint on its own behalf before the tribunal or to intervene in other complaints.

Proposed New Human Rights Tribunal of Ontario

A new complaints process would be implemented, with claims being filed directly with the tribunal. New human rights legislation would be introduced to provide the tribunal with updated statutory powers to determine its own practice and procedures to resolve disputes fairly, quickly and effectively, and to provide for compensation for human rights violations. The new model would put legal and advisory services in place to both support and empower people who are seeking a remedy before the tribunal.

Contacts

Greg Crone
Minister's Office
(416) 326-1785

Brendan Crawley
Communications Branch
(416) 326-2210

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