"We want to serve the public better than ever before by modernizing Ontario’s human rights system," said Bryant. "We want to improve the complaints process and better respond to complex human rights issues that have an impact on groups of people as well as individuals. Our aim is to improve and strengthen the promotion, advancement and enforcement of human rights."

The current human rights system, which consists of the Ontario Human Rights Commission and the Human Rights Tribunal of Ontario, was created in 1962 to enforce the Ontario Human Rights Code, the first of its kind in Canada. The commission is an independent agency, accountable to the legislature through the Attorney General. It currently conducts some public education and research, and it receives, settles and investigates human rights complaints. The tribunal hears and decides cases referred to it by the commission.

Under a proposed new model in legislation to be introduced later this spring, the commission would focus on advancing human rights and preventing discrimination through proactive measures, such as public education, research and monitoring to address systemic discrimination. The government would also establish an anti-racism secretariat within the commission that would provide recommendations and advice to the chief commissioner about research and policy to fight racism.

The commission would maintain the power to file a complaint on its own behalf directly to, or intervene with, the tribunal. The tribunal, meanwhile, would provide a modern, streamlined, and efficient way of resolving disputes by allowing individuals or groups to file claims directly with the tribunal.

"Despite considerable success, the commission has long called for change to speed up the complaints process and to better promote a human rights culture that prevents discrimination at work, in housing and services," said Barbara Hall, chief commissioner of the Ontario Human Rights Commission. "We will work with the government to build a renewed system that meets these goals and keeps Ontario’s position as an international leader in human rights."

"Human rights are fundamental. It’s important that all Ontarians have timely access to a fair and transparent system of enforcement and dispute resolution," said Michael Gottheil, chair of the Human Rights Tribunal of Ontario. "Many people have been seeking change for a long time, and as chair, I am happy to assist in implementing these changes, and to assist in designing rules and procedures that promote the important objectives of the code."

"We are pleased to see the government make these important changes to the system," said Kathy Laird, director of the Advocacy Centre for Tenants Ontario. "They are long overdue. A human rights system that is able to promote greater tolerance and deal more effectively with human rights violations will ensure Ontarians are treated with dignity and respect."

"Our aim is to ensure that Ontario remains an international leader in the advancement of human rights and to improve access to justice for those who face discrimination," Bryant said.

Backgrounder

HUMAN RIGHTS REFORMS
TO BETTER SERVE THE PUBLIC

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.