Know your rights under the Ontario Human Rights Code

Know your rights under the Ontario Human Rights Code

By Cecil Norman, B.Sc. MA

The Human Rights Amended Act, 2006 came into effect on June 30, 2008. The Act changed the human rights system in Ontario and the Ontario Human Rights Commission’s (“OHRC”) role.

The Commission will no longer accept complaints of discrimination. Instead the Human Rights Tribunal of Ontario (“HRTO”) will process human rights complaints. A newly created Human Rights Legal Support Centre (“HRLSC”), will offer human rights-related legal advice, support services and legal representation to individual complainants and respondents free of charge.

Complaints filed with the Ontario Human Rights Commission before June 30, 2008, that are not settled, dismissed or abandoned will remain with the Commission until June 30, 2009. During this period, individuals who have claims in the system have two clear choices:

1. Abandon your complaint with the OHRC and file an Application with the HRTO before December 31, 2008 for the expedited complaint resolution process; or,

2. Transition your complaint from the OHRC to the HRTO before June 30, 2009 for the normal case processing or else the OHRC will close your file and no action will be taken on your complaint.

The new Act has strengthened the OHRC in its role of preventing discrimination, and promoting and advancing human rights in Ontario. The OHRC has very broad powers to review legislation and policies, to monitor and report on anything related to the state of human rights in Ontario, to conduct public inquiries, to initiate its own applications to the HRTO, and to intervene in proceedings at the HRTO.

The OHRC is one part of a system for human rights alongside the HRTO and HRLSC. The Code prohibits discrimination in employment on the grounds of same-sex partnership status, sexual orientation, marital status, family status, sex, disability, creed (religion), record of offenses, race, colour, ethnic origin, place of origin, ancestry and citizenship.

The Code states that, “it is public policy in Ontario to recognize the inherent dignity and worth of every person, and to provide for equal rights and opportunities without discrimination.”

Employment decisions should be based on the candidate’s ability to do the job and not on factors that are not related to the job. Employers are advised to ask only questions that relate to the job, and not ask questions that might lead to discrimination.

The Commission considers “employment” to include full-time and part-time work, contract work, temporary work for an agency, and probationary periods. Employment may even include volunteer work.

For more information about changes to the Human Rights System, and your rights and responsibilities please contact the Ontario Human Rights Commission, the Human Rights Tribunal of Ontario and /or the Human Rights Legal Support Centre.

Cecil Norman, a Commissioner, etc., Province of Ontario for Human Rights Advisory Services Inc. and for work done within the permitted scope of practice of a licensed paralegal in Ontario. Cecil holds a Masters Degree in Conflict Resolution and Bachelor of Social Sciences Degree. He specializes in human rights in the workplace. Cecil has been working with employers and employees for barrier-free workplaces by providing legal representation on human rights and employment standards’ matters before the Human Rights Tribunal of Ontario, Canadian Human Rights Tribunal and Labour Relations Board. He provides ongoing human rights awareness training for management and staff. He can be reached at cnorman@humanrightsadvisory.com