1. Mandate
The Ontario Human Rights Commission (OHRC) was established in 1961 as an arm’s-length agency of government. It has a province-wide legislative mandate to promote, protect and advance human rights in Ontario based on 17 prohibited grounds of discrimination, and five social areas covered by the Ontario Human Rights Code (Code), including private and public services, employment, and housing/accommodation. The OHRC is one of three pillars which comprises the Ontario’s human rights system. The other two pillars are the Human Rights Tribunal of Ontario (HRTO) and the Human Rights Legal Support Centre (HRLSC). The Ontario Human Rights Commission is regarded internationally as a leader among human rights commissions across Canada, having attained - over its 65-year history - major successes in advancing human rights in Ontario, including being cited with approval, by the Supreme Court of Canada.
The Code stipulates the OHRC’s mandate. That mandate is broad and includes the authority to work in the broader public interest to identify and eliminate discriminatory practices, and bring about broad, systemic change to create a culture of human rights accountability, with substantive equality as its grounding principle.
To undertake its mandate, the OHRC develops policies and provides public education, monitors human rights issues, and conducts research and analysis. While it does not deal with individual human rights complaints, the OHRC can initiate public inquiries, bring forward systemic cases, or intervene in cases before tribunals or courts on systemic issues of broad public interest.
Section 29 of the Code states that the functions of the OHRC are to promote and advance respect for human rights in Ontario, to protect human rights in Ontario and, recognizing that it is in the public interest to do so and that it is the Commission’s duty to protect the public interest, to identify and promote the elimination of discriminatory practices, and more specifically:
- Forwarding the policy that the dignity and worth of every person be recognized and that equal rights and opportunities be provided without discrimination that is contrary to law.
- Developing and conducting programs for public information and education on awareness and understanding of the Code and to support preventing and eliminating discriminatory practices.
- Undertaking and supporting research into discriminatory practices and making recommendations to prevent such practices.
- Examining and reviewing any statute or regulation, program or policy made by or under a statute, and make recommendations where, in its opinion, they are inconsistent with the intent of the Code.
- Initiating reviews and inquiries into incidents of tension or conflict in a community, institution, etc., making recommendations, and encouraging and coordinating plans, programs, and activities to reduce or prevent such incidents.
- Promoting, assisting, and encouraging public and private entities to engage in programs to alleviate tension and conflict related to a prohibited ground of discrimination.
- Designating programs as special programs in accordance with section 14 of the Code.
- Approving policies under section 30 of the Code.
- Making applications to the HRTO under section 35 of the Code.
- Reporting to the public of Ontario on the state of human rights in Ontario.
- Performing the functions assigned to the OHRC under the Code or any other act.
OHRC Vision, Mission, and Values
Vision: An inclusive society where human rights are a lived reality and where all people are valued and treated with dignity and respect, feel a sense of belonging, and take responsibility for promoting and protecting human rights.
Mission: To create a climate of understanding and mutual respect for the dignity of all people by promoting and protecting human rights in Ontario by addressing systemic discrimination.
Values:
- Social justice: Be courageous, creative, nimble, and steadfast in addressing systemic issues that affect Ontarians and perpetuate inequality, discrimination, and injustice.
- Relationships: Build and sustain respectful, trusting, and constructive relationships with rights- and duty-holders to advance human rights.
- Collaboration: Collaborate and partner with groups, organizations, and institutions, including the human rights system, to maximize its collective impact.
- Integrity: Be principled and independent in advancing and securing substantive equality.
- Accountability: Be transparent and accountable to the people of Ontario in pursuing the OHRC’s mandate and being efficient and responsible in the use of resources.
The OHRC and the Ministry of the Attorney General share a common vision of a society that values human rights and inclusion, where rights are not only aspirational but practically upheld, and is supported by a justice system that is fair, innovative and trusted.
OHRC Governance and Operation
Under the Code, the OHRC is composed of Commissioners, who are persons appointed by the Lieutenant Governor in Council (LGIC). The LGIC also appoints a Chief Commissioner.
A Memorandum of Understanding (MOU) between the Attorney General and the Chief Commissioner, on behalf of the OHRC, sets out the OHRC’s accountability to, and independence from, government. Under section 11.2 of the MOU, the Chief Commissioner’s responsibilities include, but are not limited to:
- Keeping informed of human rights issues and trends, domestic and, as appropriate, international, and of the activities, performance and expenditures of the OHRC to advise and make recommendations to the Minister.
- Meeting with the Minister to discuss possible corrective action if the OHRC forms the opinion that serious questions of public importance have arisen about the government's compliance with the Code.
- Ensuring that the OHRC carries out its affairs in accordance with the Code.
- Developing performance measures and targets for the OHRC.
- Ensuring that public funds are used with integrity and honesty.
- Carrying out effective public communication as the OHRC's chief spokesperson.
- Communicating OHRC policy and strategic directions to the Executive Director.
- Providing leadership to the Commission and monitoring the performance of the OHRC to ensure the implementation of its goals and long-term vision.
- Ensuring through the Executive Director that conflict of interest rules, approved by the Conflict of Interest Commissioner, are in place for Commission staff and that Commission policies are publicly available.
- Ensuring that the Executive Director's performance contract is in place and that it sets out the Executive Director's responsibilities and reporting obligations and the standards to be met in carrying them out.
- Keeping the Minister informed of pending appointment vacancies and offering recommendations for appointments and reappointments.
- Submitting the OHRC's annual report to the Speaker of the Legislative Assembly in accordance with section 31.6(2) of the Code.
Under section 11.3 of the MOU, Commissioners responsibilities are:
A. ensuring that the Commission fulfills the functions assigned to it by section 29 of the Code;
B. fulfilling their responsibilities under the Public Service of Ontario Act in respect of ethical conduct and political activity; and
C. consulting, as appropriate, with interested and affected parties on the Commission’s goals, objectives, strategic directions, rules, and procedures.
OHRC staff engage with community members, rights-holders, and duty-holders for the purpose of informing systemic analysis, policy development, public education, and monitoring activities within the Commission’s statutory mandate. This includes:
- Meeting and engaging with community and advocacy groups and people with lived experience and expertise to inform OHRC’s ongoing work), including systemic policy development and monitoring (for example, through meetings with individuals, community and stakeholder, roundtable sessions, and online surveys.
- Making presentations to community groups and human rights duty-holders.
- Taking part in OHRC-led sessions, events, and training.
- Attending community events on behalf of the OHRC.
- Responding to correspondence and public inquiries by providing general information, public education resources, and referrals consistent with the OHRC’s mandate.
- Engaging with the HRTO and HRLSC about the provincial human rights system via regular three-pillar meetings.
- Engaging and sharing information with the public on social media.
OHRC staff also support and engage with public- and private-sector entities (e.g., government ministries, not-for-profit organizations, major employers, academic institutions, community groups), and members of OHRC advisory groups, to establish and maintain strong and impactful relationships, partnerships and collaborations to support developing human rights-related accountability mechanisms and to further advance human rights in Ontario.
