Human Rights Tribunal

Equality Rights are protected under the Canadian Charter of Rights and Freedoms under section 15(1) which states “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination”.

In Ontario, the Ontario Human Rights Code (“The Code”) protects individuals from discrimination within five social areas:

1. Employment
2. Goods, Services & Facilities
3. Contracts
4. Membership
5. Housing

Within the five social areas, the Tribunal recognizes the following grounds of discrimination:

What is the Human Rights Tribunal process?

1. The process begins by the Applicant completing an Application using a Form 1 which is then submitted it to the Tribunal
2. The Tribunal reviews the Application then send it to the Respondent
3. The Respondent then submit a Response using a Form 2
4. Next the Applicant has two weeks to complete and provide a Reply using a Form 3 to the Respondent
5. If both parties agree to mediation the Tribunal will schedule one. Nothing discussed at the mediation will form part of the hearing
6. If the matter does not resolve, the Tribunal will issue a Notice of Hearing
7. The Hearing is held similar to a trial where the Applicant and the Respondent along with their lawyers or legal representatives appear before an adjudicator. Both sides call witnesses, submit evidence and cross examine witnesses then make their submissions to the Adjudicator
8. The Adjudicator will make a final decision.

I have suffered discrimination – what should I do?

Remember, just because someone feels they were wronged does not automatically given them a right to claim. There is a two-part test to determine whether or not discrimination occurred.

First, the applicant must establish a prima facie case demonstrating there was discrimination based on one of the prohibited grounds. In order to establish a prima facie case, the applicant must provide enough evidence to support the claim. The respondent would then have the burden of disproving the claim or justifying that their actions or conduct were within a certain exception.

If you feel that you have been discriminated against, or if you have been served with an Application from the Tribunal contact us to schedule a free consultation to discuss you case.