On February 20, Attorney General Michael Bryant announced the Ontario
provincial government would introduce legislation this spring with the
goal of providing a quicker, more efficient method to resolve complaints.
Under the proposals, individuals would be allowed to file human rights
complaints directly with the Human Rights Tribunal of Ontario instead
of initially applying to the Ontario Human Rights Commission. See the
MS Society recommendations to change the proposed legislation, Rights
in Jeopardy.
Background
The Ontario Human Rights Code makes it illegal for anyone
to discriminate against others on the basis of disability,
sex, religion, race or certain other grounds. It bans discrimination in
access
to employment,
enjoyment of goods, services, and facilities. It also requires
employers, stores and others offering goods, services and facilities
to accommodate
the needs of persons with disabilities, racial and religious
minorities and other groups.
Currently, if you believe you have been discriminated against you can
file a human rights complaint with the Ontario Human Rights Commission
whose job it is to enforce the Code. The Commission then investigates
the complaint, and if it agrees the complaint has merit and if it can
not settle the complaint, takes the case to the independent Ontario Human
Rights Tribunal. Legal representation is by a Commission lawyer. There
are problems with the current system since it takes a long time for cases
to move forward, and the Commission has been criticized for not moving
more cases to the Tribunal.
The Ontario government’s goal of faster access to resolve human
rights complaints should be commended; however, the MS Society and others
are concerned that by removing the Commission from the process, it may
actually prevent people with disabilities and others who cannot afford
lawyers from filing well-founded complaints with the Tribunal.
On August 9, the MS Society presented recommendations about how the legislation
can be improved. Please see, Rights
in Jeopardy. [PDF: 56Kb] You can help by
writing to Premier Dalton McGuinty and Attorney General Michael
Bryant and pointing out problems with the proposed changes. A
copy of the MS
Society letter to the Premier is included below.
What you can do
As a chapter / unit
of the MS Society or as an individual, you can do the following:
Contact your local MPP by letter, e-mail or phone and let
him/her know that you are concerned about the proposed changes
that may result in people with disabilities having less access
to the human rights system; urge your MPP to push
for a full public consultation on the proposed changes
before legislation is introduced. (You can find contact information
for all MPPs at www.ontla.on.ca
under Members at the top of the screen.)
You can use portions of the letter below
when you contact your MPP. If you have personal experience
with using the human rights system, you could highlight how
it has assisted you or conversely, if you have had problems
with it, suggest how it could be improved.
The MS Society key message is that legislation should not
be introduced unless there is full consultation with
all stakeholders, including people with disabilities.
For more background information about this issue, please see
the AODA Alliance website at www.aodaalliance.org.
Multiple
Sclerosis Society of Canada, Ontario Division, letter to Premier
Dalton McGuinty
March 20, 2006 Via Fax and Mail
The Honourable Dalton McGuinty, MLA
Premier of Ontario
Room 281, Legislative Building
Queen’s Park, Toronto
M7A 1A1
Dear Premier:
Re: Proposed Reforms to the Ontario Human Rights Code
I wish to convey the MS Society of Canada’s serious concerns
about the Attorney General’s recent announcement of plans
to change the human rights system. In our view, the proposal
to reduce the powers and role of the Ontario Human Rights Commission
in the enforcement of the Ontario Human Rights Code, and instead
provide “direct access” to the Ontario Human
Rights Tribunal may very well disadvantage Ontarians who
experience
discrimination.
Under the Code, the Commission receives, investigates, mediates
and litigates human rights complaints in Ontario. We share
your
Government’s concern that the current human rights enforcement
system takes too long, doesn’t adequately serve the needs
of people who face discrimination and needs to be improved.
However, we believe that your Government’s proposal,
though intended to fix this situation, may inadvertently
make things
worse.
Currently, any person who files a complaint of discrimination
with the Commission has the statutory right to have the Commission
investigate that complaint, so long as it is within its jurisdiction,
not frivolous, vexatious or brought in bad faith, and is not
sent to another appropriate external complaint board.
If the Commission investigates a human rights complaint,
can’t
settle it between the parties, and decides that the case warrants
a hearing before the Ontario Human Rights Tribunal (OHRC), one
of the Commission’s team of publicly-funded lawyers will
present the case before the Tribunal. In other words, people
who experience discrimination don’t have to be able
to afford a lawyer or qualify for Legal Aid to ensure that
a lawyer
with specialized knowledge in human rights will present their
case to the Tribunal. The proposed changes appear to take
away
that guarantee.
People with disabilities will rarely be able to afford the
costs of privately investigating their own case. They won’t
have the public investigation powers that the OHRC now has.
Although the Attorney General has stated the Commission will
retain the power to intervene in cases before the Tribunal if
it chooses to, the implication is that other complainants will
have to fight their own cases. Unfortunately, this may result
in “two-tier justice” and is a step in the wrong
direction.
We are also concerned that these proposals run contrary to the
basic understanding of how the Accessibility for Ontarians with
Disabilities Act (AODA) will be enforced. When the new Act was
being debated, many groups called for a new, independent enforcement
agency to be established, to enforce the removal and prevention
of barriers to access. Your Government took the position that
no such new independent agency was needed, because Ontario already
had the Commission, with all its powers to receive, investigate
and prosecute human rights complaints. The proposed changes
may seriously impact AODA enforcement.
If the proposed changes to the Human Rights Code are not revised,
then we urge your Government to amend the AODA to provide for
the establishment of a new, well-funded, independent enforcement
body with a formal individual complaints process and mandatory
investigation duties.
We commend your Government for recognizing the need to reform
the Ontario Human Rights Code enforcement process. However,
we ask that you not proceed with reform until the concerns we
and many others have raised can be addressed.
We suggest as a next step the development of a public consultation
process before introducing legislative change. We are eager
to be involved with this process and look forward to working
with you on any plans for human rights enforcement reform. Please
contact Deanna Groetzinger, Vice-President, Government Relations & Policy,
at 416 967-3007 or via e-mail at deanna.groetzinger@mssociety.ca.
Thank you for your consideration of this important issue.
Yours sincerely,
(original signed)
Alistair M. Fraser
President and Chief Executive
Cc Deanna Groetzinger, Vice-President, Government
Relations & Policy
