2005-2006 Annual Report

COMMISSION ACTIVITIES 2005-2006

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The Commission’s Mandate

The Ontario Human Rights Commission (the “Commission”) is an independent, arm's length agency of the provincial government, accountable to the Legislature through the Attorney General. As Canada’s oldest Commission, it was established in 1961 to administer the Ontario Human Rights Code (the “Code”). The Commission's mandate is to protect, promote and advance human rights in Ontario, and this mandate is central to building stronger, safer communities.

The Code sets out the right of individuals in Ontario to be free from discrimination in employment, housing accommodation, goods, services and facilities, contracts, and membership in vocational associations and trade unions, based on fifteen prohibited grounds. These include: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy and gender identity), sexual orientation, disability, age (18 and older, except 16 and older in housing, and up to 65 in employment), marital status (including same sex partners), family status, receipt of public assistance (in accommodation only) and record of offences (in employment only).

The Commission has broad functions and powers under the Code and acts independently on behalf of the public interest. The Commission investigates complaints of discrimination, endeavours to settle complaints between parties, and litigates cases at the Human Rights Tribunal of Ontario and higher courts. The Commission also inquires into human rights matters, initiates complaints, and undertakes to prevent discrimination through research, policy development, cooperation, and public education. The Commission’s inquiry and intake, mediation, investigation, policy, and legal services work in an integrated fashion to fulfil all aspects of the Commission’s mandate.

Human Rights Inquiries and Complaints from the Public

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Caseload at a Glance

In 2005-06:

• The Commission began the fiscal year with an active caseload of 2,733 cases
• 2,399 new complaints were received and added to the caseload
• 2,117 complaints from the caseload were completed at the Commission, on average at 12.9 months (approximately 3% more cases than in 2004-05, and 11% more than the 1999-2004 average)
• 143 cases were referred to the Human Rights Tribunal of Ontario, on average at 27.6 months (150 cases were referred in 2004-05)
• 27 additional cases were referred to the Tribunal after reconsideration by the Commission of a previous decision
• The Commission ended the fiscal year with an active caseload of 2,880 cases, 147 or 5% more cases than the beginning of the year
• Over the last few years, the Commission has received more cases than it has the resources to complete, resulting in a backlog of 581 cases at year-end
• 85 cases (3% of its active caseload) were over three years old at year-end

Contacts with the Commission and Intake of Complaints

As the first point of contact for members of the public, the Commission’s Inquiry and Intake Service delivers important public education about human rights and responsibilities under the Code. Specific information is also provided about the Commission’s policies and guidelines as well as how to file a complaint or access other external resources. Often, this information helps empower potential complainants to resolve matters so that a complaint is not necessary. The Commission’s Inquiry and Intake Services also assist potential respondents to prevent or address discrimination within their organizations. Inquirers whose issues are not human rights-related are provided with referrals to more appropriate organizations for assistance in addressing their concerns.

Each year, a number of individuals turn to the Commission for help by filing a formal complaint. Under the Code, the Commission is required to receive all complaints filed by individuals.

In 2005-06:

• • Commission staff dealt with over 43,011 telephone inquiries^[1]

• 1,760 inquiries were received by letter
• 760 persons inquired in person at the office
• 824,887 individual visits were made to the Commission’s Web site
• 2,399 formal complaints were filed with the Commission. This is the same number of complaints filed in the 2004-2005 fiscal period, and represents a 16.5% increase over the average of 2,060 new complaints filed per year over the five-year period from 1999-2004

Cases Dismissed on Preliminary Objections

The Commission may decide not to proceed with a complaint for reasons set out in section 34 of the Human Rights Code. In 2005-06, of all cases completed at the Commission or referred to a Tribunal, 8.6% were dismissed based on such preliminary objections, on average at 9.5 months. Using the parties’ written submissions, the Commission determined that:

• 2.0% of cases could have been dealt with by another legislated body, such as through a union grievance procedure under labour legislation or at the Workplace Safety and Insurance Appeals Tribunal
• In 4.0% of cases there was evidence the complaint was frivolous, vexatious, or made in bad faith
• In 0.2% of cases the matter was outside the Commission’s jurisdiction
• In 2.4% of cases the events occurred outside the Code’s six month filing requirement

Mediation and Settlement

The Code requires the Commission to endeavour to settle complaints, and mediation is an extremely successful aspect of the Commission’s work.^[2] The Commission provides confidential mediation services early in the process to help settle complaints to the satisfaction of both parties and the Commission. The Commission has a consistent 70% or higher success rate in resolving complaints at this stage. Successful early mediation brings about quick remedies, can incorporate public interest provisions, and reduces the need for individuals to go through more lengthy processes of investigation or litigation. One good example this past year was the significant public remedies obtained by the Commission through early mediation of a complaint involving homophobic discrimination and harassment at Lakehead District School Board (see Appendix: Case Summary Highlights).

Complaints that cannot be settled or resolved in some other way between the parties early on are referred for investigation: however, they may settle at any stage in the Commission’s process or at the Tribunal. Year after year, the Commission assists parties to reach mutually agreeable resolutions in more than half of all cases completed at the Commission and in approximately 80% of cases at the Tribunal. The Commission seeks out systemic and public interest remedies in all settlements, designed to prevent future discriminatory conduct.

In 2005-06, of all cases completed at the Commission or referred to a Tribunal, 57.1% were settled by the Commission or resolved between the parties, on average at 12.4 months:

• 34.4% (778 cases) were settled through early mediation without investigation, on average at 7.4 months, representing a success rate of 71% of the 1,096 cases in which parties participated in early mediation
• 10.1% were settled at the investigation stage, on average at 26.2 months
• 12.6% were resolved between the parties, on average at 15.0 months

Withdrawn Complaints

Individuals may withdraw their complaints at any time, and for a number of reasons. For example, this will occur where the parties reach a settlement and an agreed upon term is that the complaint be withdrawn. Withdrawals can also arise early in the process if it becomes apparent that their concerns do not fall within the jurisdiction of the Commission, or if the respondent’s answer explains the situation to the complainant’s satisfaction. Some complainants may decide not to pursue the matter any further after reviewing the Commission's investigation findings. In other cases, individuals simply decide they no longer wish to pursue a complaint that has been in the system for a long time.

In 2005-06:

• Of all cases completed at the Commission or referred to a Tribunal, 16.7% were withdrawn by the complainant, some as a result of a term of settlement, on average at 7.5 months

Investigation and Referral of Complaints

The Commission conducts a neutral and objective investigation and then determines whether there is sufficient evidence to warrant referring a case to the Human Rights Tribunal of Ontario for a hearing. The investigation process creates an opportunity for parties to be heard, to ask questions, and to provide further information or evidence in support of their views, such as documents or names of witnesses. The Commission also continues to seek opportunities for settlement during the investigation process, enabling parties to come to a resolution of the complaint in accordance with the Code and Commission policy.

Under s. 33 of the Code, the Commission has broad powers of investigation. It can interview parties and witnesses, conduct site inspections, seize and review documents, research and examine relevant data, such as statistical or demographic information, or employee and other organizational records. Through this process investigators may uncover evidence that is indicative of both individual and systemic discrimination.

Investigators consult with the Commission’s legal and policy services to ensure that investigation plans, reports of findings and settlements consistently and properly interpret and apply the Code and Commission policy. Investigators also provide parties with information about how the Code and the Commission’s policies relate to the case, and ensure that settlements include public interest remedies where they may prevent discrimination and harassment in the future. For example, during an investigation in 2005, the Commission successfully settled four cases with the Dufferin-Peel Catholic District School Board relating to race, disability, and school discipline policies (see Appendix: Case Summary Highlights).

Although complainants do not appear in person before the Commission, they are provided with a copy of the comprehensive staff investigation report that is prepared for the Commissioners, and their written submissions, together with the respondent’s submissions, are provided to the Commissioners for consideration. Commissioners then decide whether there is sufficient evidence to support referral of the complaint to the Tribunal for a hearing.

In 2005-06:
Of all cases completed at the Commission or referred to a Tribunal, 17.6% received a Commission decision based on written submissions on the merits (s.36 of the Code), on average at 26.9 months:

• 8.5% of cases were dismissed because of insufficient evidence to warrant a Tribunal hearing, on average at 29.6 months
• 2.8% of cases were dismissed because of lack of cooperation by the complainant, on average at 17.4 months
• 6.3% or 143 cases were referred to the Tribunal for a hearing, on average at 27.6 months (150 cases were referred in 2004-05)
  

As of March 31, 2006, the Commission’s active caseload was 2,880 cases. This represents an increase of 147 cases (or 5.4%) over last year’s active caseload of 2,733. The average age of a case in the Commission’s active caseload increased from 11.2 months to 12.9 months.

Litigation

Once a case is referred to the Human Rights Tribunal of Ontario, the Commission litigates the case, representing the public interest in the protection, promotion and advancement of human rights. In most cases, Commission counsel assist the complainant through the process by preparing the witnesses, pleadings, motions, and calling the evidence. At the hearing, Commission counsel seek and obtain remedies which help to prevent future acts of discrimination, such as training programs, the creation of anti-discrimination and harassment policies, internal complaint mechanisms and monitors.

In 2005-2006, 74% of cases were settled at the Tribunal, with active involvement of Commission counsel. The Commission obtained strong public interest remedies in almost all of these settlements. The Commission’s litigation of cases before the Tribunal and at higher courts has been instrumental in enforcing the Code, advancing human rights jurisprudence, promoting the Commission’s policies, and protecting the public interest. When complaints are referred to the Tribunal or are appealed to higher courts, the resulting settlements and decisions may create precedents and directions for advancing human rights law in Ontario, across Canada, and internationally. The Commission has been involved in a number of high profile cases that have overturned decisions of the Tribunal or other courts, adding to this important body of case law. Seeking strong public interest remedies in decisions and settlements, and pursuing Commission initiated complaints, are fundamental to the Commission’s litigation strategy (see Appendix: Case Summary Highlights).

In 2005-06, the Commission was involved in many cases at the Tribunal and in higher courts that resulted in:

• 15 final decisions, 33 interim decisions, and 2 decisions on costs, from the Human Rights Tribunal of Ontario
• 42 settlements at the Tribunal
• 8 judicial review decisions from the Divisional Court
• 1 decision on appeal from the Divisional Court
• 1 decision from the Court of Appeal, and
• 2 decisions from the Supreme Court of Canada.
  

As of March 31, 2006, the Commission is currently litigating:

• 462 complaints before the Tribunal (249 of these are autism cases and are being heard together)
• 8 cases before the Divisional Court (3 judicial reviews and 5 appeals)
• 3 cases at the Court of Appeal
• 2 case at the Supreme Court of Canada.

Commission-Initiated Advice, Inquiry and Complaints

The Commission favours a voluntary and cooperative approach to protecting and promoting human rights and resolving complaints. The Commission uses its broad mandate under section 29 of the Code to provide advice to organizations, review legislation for compliance with the Code, and inquire into situations that may have a negative impact relating to a Code ground.

The Commission may also choose to initiate a complaint under subsection 32(2), and use its powers under subsection 33(3) to investigate the matter. The Commission prepares a written report of its findings, and if no settlement is reached, it then decides whether to refer the matter to the independent Human Rights Tribunal of Ontario for a hearing.

Discriminatory Effect of School Discipline Legislation and Policies

This past year the Commission continued its efforts to address the disproportionate impact of the “safe schools” provisions of the Education Act on racialized students and students with disabilities. In July 2005, following considerable research and the release of a public submission raising concern, the Commission initiated complaints against the Ministry of Education and the Toronto District School Board, alleging that the application of the ”safe schools” provisions and related discipline policies was having a disproportionate impact on these students. While it is paramount to ensure schools are safe, disciplinary measures must be fair, effective and non-discriminatory.

In October 2005, the Commission successfully conciliated a settlement of four similar complaints between individuals and the Dufferin-Peel Catholic District School Board, and in November 2005, it achieved a positive settlement in its own complaint against the Toronto District School Board. The complaint against the Ministry of Education remained unresolved at year-end.

Restaurant Accessibility

In late 2005, the Commission reviewed the progress of 25 restaurant chains towards commitments they had previously made to increase the accessibility of their premises to customers with disabilities. In 2003 and 2004, the restaurant chains committed to:

• Develop an accessibility policy and customer complaints procedure
• Review and identify accessibility barriers across corporate-owned and franchised premises
• Develop a standardized accessibility plan for future locations
• Develop a plan for existing facilities and begin removing barriers
• Monitor progress towards achieving accessibility and report back to the Commission in one year
  

A report on the outcomes of the restaurant accessibility initiative, including the achievements of the various restaurant chains and recommendations for moving forward, is being prepared for release this year.

As of March 31, 2006, a complaint initiated by the Commission against one restaurant chain remained outstanding.

Discriminatory Effect of the Change of Name Act

The Commission and the Information and Privacy Commissioner/Ontario (IPCO), cooperated in raising concerns with the Ministry of Government Services that the Change of Name Act has a discriminatory impact on transgendered persons. Specifically, a requirement that name changes be published and remain on a publicly accessible record has a disproportionately negative impact on transgendered individuals in that it forces them to publicly disclose their gender transition. The Commission met with the Ministry and the IPCO in November 2005 and again in January 2006, and wrote to the Ministry in February 2006, to clarify how these requirements serve as a barrier for transgendered persons. The Commission has requested both a systemic barrier removal through legislative change, and a more immediate interim accommodation for transgendered individuals who feel threatened by the publication requirement and see it as preventing their access to the name change process.

Accessibility of Driving Schools

The Commission continued to work closely with the Ministry of Transportation and industry partners to address the barriers faced by persons who are deaf, deafened and hard-of-hearing in accessing driving school programs. In the Fall of 2005, the Commission was able to reach a positive settlement with Young Drivers of Canada in an individual complaint which raised similar concerns. However, the Commission is continuing to seek a system-wide solution.

Mandatory Retirement

Under the Code, in the area of employment, the legal definition of age is limited to people between the ages of 18 and 65. This means that the Commission cannot receive a complaint of age discrimination in employment from someone who is 65 or older. Following its consultations on age discrimination in 2000^[3], the Commission reported that many groups and individuals emphasized the negative impact of mandatory retirement policies on the economic security, dignity and self-worth of older Ontarians. The Commission has since called on government to amend the Code and remove the upper age limit of 65.

In November 2005, the Commission made a submission to the Standing Committee on Justice Policy regarding Bill 211, the Ending Mandatory Retirement Statute Law Amendment Act. In its submission, the Commission commended the government for bringing forward this legislation, and supported its broad intent. However, the Commission also highlighted grave concerns about provisions of Bill 211 that limit the access of older workers to benefits and worker’s compensation. The Bill, which owes much to the leadership of former Chief Commissioner Keith Norton, takes effect in December 2006. The Commission’s concerns regarding benefits and compensation remain.

The Commission’s work on age discrimination and mandatory retirement received international attention with an invitation to Chief Commissioner Norton to speak at the International Symposium on Age Discrimination in London, England, in September 2005.

Drug and Alcohol Testing

The Commission’s Policy on Drug and Alcohol Testing recognizes that the law identifies dependence on a substance, such as drugs or alcohol, as a form of disability. The Commission provided considerable advice to a major employer in the mining industry regarding its policies for employee drug and alcohol testing, which include random and pre-employment drug testing for all employees. The Commission worked to encourage compliance with the Code, Policy and current case law, which recognize that pre-employment and random drug tests do not indicate an employee’s current level of impairment or ability to perform their duties, but show only past use. The employer’s policies came to the Commission’s attention through an individual complaint, and the Commission has worked with the employer for over a year in an attempt to resolve the matter.

Accessibility for Homebuyers with Disabilities

The Commission worked with the Ontario Home Builders’ Association (OHBA) to raise awareness in the homebuilding industry about the requirements of the Code and Commission policy with respect to customers with disabilities. This included the publication of an article in the industry’s trade magazine and a presentation at the OHBA’s annual conference. This initiative resulted from a positive settlement with public interest remedies that was reached in February 2005 between Mattamy Homes and a homebuyer who required design modifications to accommodate wheelchair use.

Disability and Education

In July 2005, the Commission met with the Ministry of Education to follow up on the Ministry’s progress in responding to the recommendations contained in the Commission’s 2003 report entitled The Opportunity to Succeed: Achieving Barrier-Free Education for Students with Disabilities. As of year-end, the Ministry had yet to provide its responses to the recommendations.

Other Matters

In 2005-06 the Commission also:

• Met with the government-appointed Hate Crimes Community Working Group to discuss: the links between hate crimes and discrimination and harassment prohibited by the Code; the importance of human rights in developing stronger, safer communities; and how the Commission’s broad mandate, functions, and powers can help address tension and conflict that lead to hate crime.
• Continued to monitor the use of a medical surveillance form by General Motors, and requested a meeting to discuss ongoing human rights concerns raised by this practice.
• Wrote to the Minister of Community Safety and Correctional Services regarding recommendations that the proposed Private Security and Investigative Services Act include a statement of principle affirming the importance of the Code, and require private security officers to wear clearly displayed name badges.
• Sent a letter to school boards across the province to clarify their obligation to continue to provide Educational Assistants and Aides to students with disabilities in the event of a job action, and the necessity to develop plans to ensure that students with disabilities continue to receive accommodation during any work stoppage, so that they have equal access to services and facilities available to other students.
• Wrote to the Minister of Labour about legislation that simplified union certification processes within the construction sector. The Commission inquired into the Ministry’s rationale for limiting these changes to this relatively non-diverse sector rather than including other sectors in which female and racialized workers predominate, and inquired into possible discriminatory impacts relating to sex and race.

Reforming Ontario’s Human Rights System

At his annual press conference in July 2005, Chief Commissioner Norton re-iterated the urgent need for improving Ontario’s human rights system in order to deal with a growing caseload. Strengthening the Commission's capacity to promote and protect human rights is also central to building stronger safer communities.

Therefore, the Commission welcomed the Attorney General’s announcement to develop a blue print for reform of Ontario’s human rights system by winter. In response, the Commission undertook an accelerated process to consult the public and stakeholders and report findings in time to be useful to the government.

In August 2005, the Commission released a Discussion Paper entitled Reviewing Ontario’s Human Rights System. The Discussion Paper identified international principles and guidelines that must be applied in the design of any human rights system, and provided a context for reform. The Discussion Paper and a questionnaire were sent to stakeholders across the province and posted on the Commission’s Web site, and a total of 56 submissions were received. In addition, in September 2005, the Commission held three focus groups involving 31 individuals, including stakeholders with divergent views from across the province, experts from across Canada, and staff representatives from the Commission and the Human Rights Tribunal of Ontario.

In October 2005, the Commission released a Consultation Report entitled Strengthening Ontario’s Human Rights System: What We Heard. While the Report reflected varying views, there was consensus that the current human rights system needs strengthening, and general agreement that a reformed system should:

• be timely and flexible in its approach to human rights complaints
• be independent and adequately resourced
• be harmonized with international obligations
• fill a cooperative role in the promotion of human rights
• be accessible regardless of disability, financial means, geography, language, culture or other power imbalances
• be able to effectively address systemic issues, and resolve simple cases more easily
• be expert and representative
  

On February 20th, 2006, the Attorney General announced proposals to reform the human rights system of Ontario. The proposals call for the Ontario Human Rights Commission to focus on “proactive measures”, such as public education, promotion and public advocacy, as well as research and monitoring to address systemic discrimination in Ontario. Under the proposed changes, the Commission would “maintain the ability to bring a complaint on its own behalf before the tribunal or to intervene in other complaints”, and would become home to a new racial diversity secretariat.

In addition, the proposals call for the institution of direct access to the Human Rights Tribunal of Ontario to replace the current system in which the Commission handles complaints through inquiries, intake, mediation, and investigation prior to referring cases with sufficient evidence to the Tribunal for a hearing. A third “branch” of the system was proposed to deal with the provision of legal support to complainants, but was not defined.

Throughout this process the Commission has clearly stated that while reform is needed, change must meet the established international principles, by which Ontario has become a leader in human rights both nationally and internationally. The Commission is working with stakeholders and the government to achieve common goals for a strengthened system with a balance between an effective complaints mechanism for individuals and an expanded role for the Commission in public education, prevention and addressing systemic discrimination.

Policy Development

Development of policy statements is central to the Commission’s work to eliminate discrimination and to protect, promote, and advance human rights. Commission policies and guidelines:

• Provide Ontarians with detailed information about their Code rights
• Advance a progressive and purposive understanding of these rights
• Aet standards for how employers, service providers, policy makers, and the Commission should act to ensure compliance with the Code.
• Provide the foundation for the Commission’s public education activities, awareness campaigns and Commission-initiated complaints,
• Inform the Commission’s litigation strategy.
  

Policies are important public statements that set out the Commission’s interpretation of the Code at the time of publication, and enable the Commission to speak authoritatively and with influence on human rights issues.

The Commission’s policies and guidelines have received recognition, both nationally and internationally, from human rights practitioners, advocates, and stakeholders. While these policies are not binding on the Human Rights Tribunal, or on courts, they are often given great deference, applied to the facts of cases before the court or tribunal, and quoted in the decisions of these bodies.

The Commission’s policy development is triggered and informed by a broad range of factors, such as: inquiries and complaints received from the public; the public education and communications functions; academic and social science research; the monitoring of social issues and trends; case law developments; and the provisions of the Code and Charter.

Public consultation also plays a major role in the development of Commission policy positions and documents. It is undertaken in a variety of ways, usually incorporating both verbal and written contributions from individuals and stakeholder organizations. The Commission regularly consults with a broad range of stakeholders, such as employers, professional and consumer organizations, unions, service and housing providers, government, experts, community groups, and advocates. Public consultations identify key issues and concerns, as well as possible approaches and best practices. And, they are one of the primary ways in which the Commission remains actively engaged with its stakeholders, and ensures that they have a voice in the strategic direction of the Commission. Consultation also promotes organizational responsibility, respect and understanding of human rights, and voluntary compliance with the Code.

In keeping with its mandate to promote understanding of human rights and to conduct research to eliminate discriminatory practices, the Commission undertook a number of policy development initiatives in 2005-06.

Policy and Guidelines on Racism and Racial Discrimination

In June 2005, the Commission released its Policy and Guidelines on Racism and Racial Discrimination, presenting it to an audience of more than 100 community leaders, officials, and other stakeholders. This Policy updates and significantly expands upon the Commission’s 1996 Policy on Racial Slurs and Harassment and Racial Jokes and builds upon the Commission’s 2004 Inquiry Report, Paying the Price: the Human Cost of Racial Profiling. It provides much needed guidance to the public concerning their rights and responsibilities under the Code.

The new Policy describes a number of considerations to be used in examining whether racial discrimination has occurred, and stresses the importance of building an organizational culture of prevention and respect for human rights. It enables the Commission, other organizations, advocates and adjudicators to take a consistent approach to cases that involve race and related grounds. The Policy provides information, best practices, and approaches that are central to appropriate mediation, investigation, analysis and litigation of race-related cases, and to correcting systemic discrimination and historical disadvantage through incorporation of public interest remedies in settlements and decisions.

The Policy is based on extensive research and consultation that began in March 2004. The process included numerous focus groups with stakeholders representing a variety of perspectives and interests, a three-day Policy Dialogue Conference in which experts and stakeholders from across the country discussed relevant issues, opportunity for public comment on independent papers that were generated by the Policy Dialogue, and further input on specific issues from respondent-oriented stakeholders.

The Commission has responded to requests for public education presentations about the Policy from a number of organizations, such as the Ontario Police College, the Canadian Association for the Prevention of Discrimination and Harassment in Higher Education, and the Hamilton Police Service.

Sexual Orientation Policy Update

In 2005-06, the Commission updated and re-released its Policy on Discrimination and Harassment because of Sexual Orientation. The update reflects the significant developments in case law and changes to legislation relating to both sexual orientation and same-sex marriage since the release of the initial policy in February 2000. These include the March 2005 amendments to the Code, which, among other changes, redefined “marital status” to be inclusive of same-sex conjugal relationships.

The updated Policy includes an increased focus on subtle and systemic discrimination, and clarifies the responsibility of organizations to identify and address discrimination and harassment based on sexual orientation. The Policy is intended to improve understanding of discrimination experienced by lesbian, gay, and bisexual individuals, and to assist organizations to develop and maintain harassment-free environments.

Human Rights and the Family

In May 2005, the Commission began a public consultation on human rights and family status with the release of the Discussion Paper, Human Rights & the Family in Ontario. The Discussion Paper outlined key issues and invited submissions from interested parties. The Commission also released a questionnaire inviting individual Ontarians to share stories of how their family status had impacted their access to housing, employment and services. These materials were sent to over 300 stakeholders and posted on the Commission’s Web site for feedback from the public.

The Commission heard from approximately 120 stakeholders, including employers, unions, housing providers, government, academics, community organizations, legal clinics, service providers, professional organizations, advocacy groups and individuals. Based on this feedback, the Commission held four roundtables during the fall of 2005, covering specific issues affecting older Ontarians, the definition of family status, employment and housing. In 2006-07, the Commission plans to release a Report and recommendations on the results of the consultation as well as a new policy.

Promotion and Partnership

The Commission engages in a wide range of educational activities and partnership initiatives, such as public awareness campaigns, presentations, workshops and conferences. It also engages in national and international cooperation, participates in intergovernmental task forces, and receives delegations from around the world.

Public Education

In keeping with its responsibility to promote understanding and awareness of and compliance with the Code, the Commission has an important mandate to conduct public education throughout the province. Public education is delivered primarily through the Commission’s Web site, publications, public awareness campaigns, speaking engagements and presence at community events.

In evaluating the many requests for speakers, the Commission focuses its resources on events and initiatives that have the potential to: promote systemic prevention of Code violations and advancement of human rights; significantly enhance the Commission's relationship with a strategic or underserved sector; "train trainers" to have a sustainable "multiplier" effect in the organization; and reduce discrimination across a sector and/or to decrease the incidence of formal human rights complaints.

The Commission does not have the capacity to accept all requests. In such instances, the Commission tries to work with the organization or individual to help meet their needs in other ways through Commission resources or referral to other organizations.

The Commission focuses its public education activities on issues that are associated with current human rights concerns. With the release of its Policy and Guidelines on Racism and Racial Discrimination during this fiscal year, the Commission followed up with presentations to various police services and school boards that are attempting to address issues of racial discrimination and racial profiling. At the invitation of the Ontario Police College, the Commission delivered a day-long training event on the Policy for senior command and equity staff from police services across the province.

The list of topics addressed in public presentations also reflects continued interest in such issues as harassment, disability and education, mandatory retirement and concerns around the “safe schools” provisions of the Education Act. During this past year, the Chief Commissioners made a total of 17 presentations to members of the general public and visiting delegations.

During the 2005-06 fiscal year, the Commission had resources and capacity to accept over 70% of the requests it received. The Commission received 172 invitations and participated in a total of 136 public education events, reaching 10,428 individuals. These exceed the 2004-2005 numbers of 157 invitations received, 96 requests accepted, and 7,500 individuals reached. The majority of presentations in 2005-2006 were balanced throughout the education, business and public sectors, and evaluations of the presentations were very positive, with a satisfaction rate of 90.7%.

Aboriginal Human Rights Program

The Aboriginal Human Rights Program (AHRP) has now been in existence at the Commission for over six years. Throughout this time, the Commission has worked with partners in the Aboriginal community n various initiatives. The purpose of the AHRP is to create and build on awareness of the Code among people of Aboriginal communities and to enhance their access to the Commission’s services.

This past year, the Commission continued in its progressive partnership with the Union of Ontario Indians (UOI), accomplishing two major projects:

• An article published in the June edition of the UOI’s newspaper Anishinabek News on the rights of native persons under the Ontario Human Rights Code. The article described how the Commission can be of assistance, especially in discrimination and harassment situations where racism is identified. It focussed on the McKinnon Tribunal decision about an Aboriginal correctional services worker who had been subjected to vicious harassment as well as loss of job opportunities in the institution where he works.
• With the assistance of UOI, the Commission also initiated the development, publication and distribution of a brochure dealing with the rights of Aboriginal persons under the Code and describing the Commission’s role in protecting those rights. The brochures, besides being made available in English and French, were translated into Mohawk, Cree and Ojibway. They were distributed by UOI to over 250 Ontario bands and organizations and agencies providing services to Aboriginal persons in Ontario.
  

In August, the Commission also participated in an exhibition fair organized by the Chiefs of Ontario in connection with their First Nation Education Conference 2005. In addition, the Commission was in attendance with its information booth at the Canadian Aboriginal Festival at the Rogers Centre (formerly, the Skydome) in November.

Call for a Canadian Coalition of Municipalities Against Racism and Discrimination

The Commission, along with several other organizations across Canada, has lent its expertise and support to the Canadian Commission for UNESCO (United Nations Educational, Social and Cultural Organization) in developing and advancing a Call for a Canadian Coalition of Municipalities Against Racism and Discrimination. The purpose of the Coalition is to establish a network of municipalities interested in, and committed to, adopting a Plan of Action to address racism and discrimination within their jurisdictions. Under the leadership of UNESCO Paris, a similar coalition is already established in Europe and coalitions are being developed simultaneously in other regions , including Africa and South Asia.

Some of the accomplishments of the Commission with regard to this project in the past year have been:

• A proposal calling for the establishment of a Canadian Coalition, supported in principle by members of the Canadian Association of Statutory Human Rights Agencies present at the June 2005 Annual General Meeting
• The Federation of Canadian Municipalities endorsed the Call for a Coalition and distributed information nationally, encouraging municipalities to consider joining the initiative
• OHRC promoted the Coalition at the following conferences: Large Urban Mayors Forum in Barrie, Association of Municipalities of Ontario Annual General Meeting, International Metropolis Conference in Toronto (including hosting a meeting of visiting delegates), and the Southwest Regional Conference of the Association of Municipalities of Ontario in London
• Chief Commissioner Hall presented on a panel at the Canadian Commission for UNESCO’s Annual General Meeting in Montreal
• Chief Commissioner Hall also addressed a public gathering where the Mayor of Windsor signed a declaration of intent to join the Coalition
  

As of March 31, the City of Oshawa and the Town of Aurora have also given notice of joining or intent to join the Coalition, and other municipalities in Ontario and across Canada are in the process of developing resolutions for consideration at their councils.

The Commission, in partnership with the Canadian Coalition for UNESCO, is in the process of finalizing a booklet describing the purpose of the Coalition, common commitments and sample actions, and a model declaration for municipalities to sign. This booklet, also endorsed by the Canadian Race Relations Foundation, will form part of a toolkit that will be used to promote the Coalition provincially and nationally.

National and International Cooperation

The Commission cooperates at both the national and international levels in the promotion and advancement of human rights through liaison and participation on task forces and delegations. The Commission is a member of the Canadian Association of Statutory Human Rights Agencies (CASHRA), sharing its expertise through CASHRA’s policy, education and legal sub-committees as well as its annual conference, which took place in Saskatoon in June 2005, and will take place in Fredericton in June 2006.

The Commission is also a member of the International Association of Official Human Rights Agencies (IAOHRA) and makes contributions to provincial or federal reports with regard to Canada’s obligations under international human rights conventions. The Commission works to support its national and international partners in human rights advancement, hosting delegations and visitors from across Canada and abroad, and by participating in international conferences and symposia.

In September 2005, Chief Commissioner Norton was invited to deliver a presentation at an International Symposium on Age Discrimination in London England, highlighting the work the Commission has done on ageism, age discrimination, and mandatory retirement. The Commission also made 12 presentations to visiting international delegations during this fiscal year, for instance:

• Chief Commissioner Hall met with the Chief Commissioner of Afghanistan’s Human Rights Commission
• The Commission met with the British Joint Committee on Human Rights about counter-terrorism policy and human rights;
• The Commission met with delegates from Indonesia’s Ministry of Justice and Human Rights and its National Commission on Human Rights along with their host Equitas, the International Centre for Human Rights Education based in Montreal; and
• The Commission hosted representatives of the Moroccan Truth and Reconciliation Commission, who had particularly noted the work the Commission has done in dealing with racism and racial profiling.

www.ohrc.on.ca

The Commission’s Web site provides the public with access to a wide array of information and resources, including: an overview of the Code and the Commission’s mission; description of the complaint process; case summaries; policies, plain language guides, public inquiry reports and Commission submissions; public education resources;; news releases; and information on the proposed reform. During the fiscal year 2005-06, the Commission received 824,887 individual visits to its Web site, an increase of 57% (301,009 visits) over the previous year, representing the biggest increase in the past six years.

As these numbers demonstrate, the Commission’s Web site is an increasingly important tool in the promotion of human rights in Ontario. The Commission has continued to improve the Web site to make it more user friendly, and to ensure that all new documents are accessible on the site, simultaneously in English and in French, on the day of their print release. In addition, the Commission is making more of its plain language materials available in up to 10 languages, with the addition this past year of Mohawk, Ojibwa and Cree. The Commission also ensures that its Web site is compatible with international accessibility standards for persons with disabilities.

Corporate Services

The Commission plans and implements ongoing organizational improvement and staff training initiatives in order to better serve the people of Ontario. In 2005-06:

• As part of a commitment to ongoing staff development, the Executive Director’s Office implemented Commission-wide training on dealing with homophobia and racism issues. The training sessions were organized around three core principles: awareness of individual experiences and how individuals interact; analysis by understanding the impact on victims and perpetrators; and action required for change to occur. All staff including management participated in the program, which was completed in January 2006.
• The Commission formed a working committee that will prepare an Accessibility Plan to ensure that the Commission’s services and materials are accessible to the public. The committee will be responsible for reviewing current services and materials, and consulting with the Accessibility Directorate of Ontario and other stakeholders.

Accountability Framework 2005-2006

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^[1] The Commission responded to 43,011 (or 77%) of the 56,070 telephone calls received. The rate of “abandoned” calls does not account for individuals who call back again successfully and are able to speak with an inquiries representative.
^[2] Over 87% of respondents to a client survey in 1999 stated that they would use mediation again if they had another human rights complaint.
^[3] Ontario Human Rights Commission, Time for Action: Advancing Human Rights for Older Ontarians (Consultation Report).

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