 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
HUMAN RIGHTS
YOUR RIGHTS
If you feel that you have been discriminated against in your employment, in access to housing, in the provision of health care services or in other areas of your life, you may have a remedy under theCanada Human Rights Act or the Ontario Human Rights Code. The Canada Human Rights Act only applies to discrimination by federally regulated institutions. Discrimination that occurs in all other contexts is regulated by theOntario Human Rights Code.
The Canadian Charter of Rights and Freedoms also provides protection for citizens against discrimination at the hands of the Government. The purpose of human rights legislation is to provide compensation to a complainant who has suffered discrimination and to deter the institution from future discriminatory activity. Human rights law aims to restore the individual to the position he or she would have been in had the discrimination not taken place.
Both Canadian and Ontario legislation sets out a list of prohibited grounds of discrimination. For example, an employer cannot make a distinction against, or in favour of, a person based upon age, criminal record, physical or mental disability, marital or family status, religion, race, colour, place of origin, sex, or sexual orientation. Ontario also prohibits discrimination based on receipt of public assistance.
PROTECTING YOUR RIGHTS
A decision of a human rights tribunal is binding and may be enforced as a court order. Victims of discrimination cannot sue in regular court; however, you will want legal representation. Human rights tribunals are able to offer extensive remedies to a person affected by discrimination such as compensation, reinstatement to employment, apologies, and the implementation of education and training programs in the workplace.
If you feel that you may have been discriminated against, you should contact a lawyer to find out if your particular situation falls under one of the prohibited grounds listed in the legislation. You should also contact the appropriate Human Rights Commission right away to inquire about filing a complaint.
All human rights complaints must be made to either the Canadian or the Ontario Human Rights Commission. The Commission will accept your inquiry and send you an intake questionnaire asking for more details about the complaint. Complaints are adjudicated in front of a human rights tribunal. The Commission does not have to accept all of the complaints it receives. It may reject a complaint if it feels that there is an alternative procedure already provided to hear the complaint, the complaint is made in bad faith, the Commission does not have the proper jurisdiction to hear the complaint, or there has been undue delay in the filing of the complaint. Complaints should be made within six months of the alleged incident.
OUR SERVICES
Our practice includes providing legal services to persons who wish to bring human rights complaints. We can assist in the drafting of the complaint, and work with you through the investigation, hearing and appeals stages of the process. If you have questions regarding human rights issues contact us for more information or to arrange a consultation.