Your options during transition

Information for complainants

Because of changes to the system, you need to make a decision about how your case at the Ontario Human Rights Commission (Commission) will be handled.

This information does NOT apply to you if:

• your complaint has been finally determined,
• the Commission has referred your complaint to a hearing, or
• you have withdrawn or settled your complaint.

The new process

Starting June 30, 2008, people who believe they have been discriminated against will file an application directly with the Human Rights Tribunal of Ontario (Tribunal).

If you filed a complaint with the Commission before June 30, 2008, and that process has not been completed, you have options:

• Option 1: You can drop your complaint with the Commission and instead take part in the Tribunal’s “expedited process” by filing an application with the Tribunal between June 30, 2008 and December 31, 2008.
• Option 2: You can continue your complaint with the Commission until January 1, 2009 and, if your complaint has not been finally determined by that time, you can file an application with the Tribunal.
  

Option 1 – Applications to the Tribunal’s Expedited Process
(available between June 30, 2008 and December 31, 2008)

If you filed a human rights complaint with the Commission before June 30, 2008, you can choose the “expedited” process at the Tribunal. This is done by dropping your complaint with the Commission and filing an application with the Tribunal at any time between June 30, 2008 and December 31, 2008 (under section 53(3) of the Code). Because these applications will be dealt with according to the Tribunal’s expedited process, it is not the best option for complex cases that require more formal procedures.

Option 2 – Applications to the Tribunal after January 1, 2009
(available between January 1, 2009 and June 30, 2009)

If you choose this option, your complaint will stay at the Commission for up to one year after June 30, 2008. The Commission will continue to mediate, investigate, and decide whether a complaint will be referred to the Tribunal for a hearing until December 31, 2008. If your complaint has not been withdrawn, settled or finally dealt with by the Commission by December 31, 2008, you can then file an application with the Tribunal by June 30, 2009 (under section 53(5) of the Code).

If you do not file an application with the Tribunal by June 30, 2009, you will no longer be able to do so, unless it does not relate to the same subject-matter raised in your complaint. Your complaint with the Commission will be closed.

Which option should I choose?

Your choice depends on the nature of your complaint.
The purpose of Option 1 is to provide people with complaints at the Commission a chance to have their human rights claim dealt with by the Tribunal through an informal, expeditious process. You may want to chose this option if:

• your complaint is relatively straightforward and might be easily resolved in an informal, case resolution conference at the Tribunal (for example, you were told that you were not considered for a job you had applied for because of your disability)
• there is a small number of witnesses with information about your complaint (for example, you were not allowed to enter a store with your guide dog and the only witnesses were you, your spouse and the store owner)
• you can explain your case to the Tribunal because the issues are simple or you have a lawyer already helping you
• you filed your complaint with the Commission and
  • no mediation or fact finding meeting dates have been set yet, or
  • dates for mediation and fact finding meetings have been set but the meetings have not taken place.
    

You should not choose this option if your case is complex, involves many witnesses, or requires a more formal process for any other reason.

You may prefer Option 2 if you have a case with the Commission that is more complicated and may need a more formal process. For example:

• your claim includes complex human rights issues. An example is if you have raised concerns about racial profiling or systemic racial discrimination in a school setting
• the outcome of your claim will affect many other people and you are seeking “public interest remedies” to improve the situation for other people in the future (for example, if you are challenging a government program, policy or law and you are asking the Tribunal to say that the rules are discriminatory and need to be changed)
• your claim raises some new or complex issues and you want to have the Commission, or another person or organization involved in your case
• there are many witnesses, including experts, who need to have a chance to tell their point of view to the Tribunal for all the evidence to come out
• the Commission has already started investigating your complaint and there is a significant amount of evidence in the file that you want to have considered by, the Tribunal.
  

Once I choose an option, will the Commission “transfer” my case
to the Tribunal for me?

No. This is your decision and responsibility. You must complete the forms and file your own application with the Tribunal. The Commission cannot do this for you.

The Commission will help you by giving you information about your options and how to start the process (for example, what forms you need to fill out). The Commission will also give you a copy of your complaint, and the contact information for the respondent(s) that the Commission has on file. Tribunal forms and more information about the Tribunal’s procedures can be found on the Tribunal’s website – www.hrto.ca

This chart answers some questions about both options:

Information for respondents

If you have been named, either personally or on behalf of your company, in a human rights case at the Commission you may be affected by the changes to the system. The changes will apply if the complaint has not already been withdrawn, settled, dismissed or referred to the Tribunal for a hearing by June 30, 2008.

The complainant can choose an expedited process (Option1) from June 30, 2008 to December 31, 2008, or can choose to file an application with the Tribunal on or after January 1, 2009 (Option 2) that will proceed according to rules that are more like the Tribunal’s rules for new applications. If the complainant does not choose one of these options, the complaint will be closed after June 30th, 2009.

If the complainant (applicant) chooses Option 1, he or she will serve a short form (Form A) on you along with a copy of the original complaint. You will need to complete a short response form (Form B) and attach any response previously sent to the Commission. If you did not respond earlier, under Tribunal rules, you must now provide a brief response to the Tribunal.

If you do not respond, the Tribunal may deem you to agree with all of the allegations in the complaint and decide the matter based only on information provided by the applicant. You will need to serve your response and Form B on the applicant and file them with the Tribunal. You will be required to attend a mediation and prepare for the case to be decided at an informal meeting with the Tribunal. For more information, refer to the Tribunal rules for transitional applications.

If the complainant (applicant) chooses Option 2, he or she may file an application under section 53(5) of the Code. It will be dealt with using the Tribunal’s regular rules.

Material in the Commission’s Investigation File

After a complaint has been transferred to the Tribunal under either Option 1 or Option 2, a party (Applicant or Respondent) may request the Commission to disclose to that party information obtained by the Commission during the Commission’s investigation.

Check the web site for more information: www.ontario.ca/humanrights.

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