Presentation of Brenda R. Clapp
OPSEU Local 710
August 10, 2006
Hello and good afternoon to all of you.
I’m glad to be hear today and to have been given this opportunity to
voice concerns surrounding the McGuinty governments Bill 107 and changes
to the Ontario Human Rights Code.
Before proceeding further I would like to
introduce myself and share some of my history with you.
I am Brenda Clapp and I am employed with
the Ministry of the Attorney General. I have spent the past 27 years
working in the offices of the Superior Court of Justice. Throughout the
27 years I have been a proud and active unionist with the Ontario
Public Service Employees Union. Currently I hold and elected position
on my local’s executive as President of Local 710.
I say with confidence and conviction that
the Ontario Public Service Employees Union has worked intensely to ensure
that the Ontario Human Rights Code is upheld and preserved in numerous
ways such as within our Union, within our Collective Agreements and
within our province.
OPSEU Leads in many areas of equality such
as the Provincial Women’s Committee, Live and Let Live Fund, Provincial
Human Rights Committee, Youth Committee, Rainbow Alliance, Aboriginal
Circle, and Worker’s of Colour, to name just a few.
Our Ontario Human Rights Commission is
second to none and it is recognized and revered as a safe guard for those
who require its services. The Ontario Human Rights Commission does not
discriminate who you are, what you are and especially not where you are
in the province of Ontario when you are seeking representation. All
peoples are given quality treatment in our communities across this
province.
We identify that the current Ontario Human
Rights Code needs change. These changes can be achieved and must support
strengthening what we already have.
Ontario’s Human Rights Enforcement system
is backlogged, seriously under funded and far too slow. These issues need
to be remedied and necessary amendments to the Ontario Human Rights Code
be implemented.
I will begin by addressing issues of
concern and conclude my presentation by offering improvements.
Concern(s)
Bill 107 eliminates a victims’ right to
have a public investigation of their human rights complaint by the Human
Rights Commission. Discrimination is eminent when a victims’ right to
have the Human Rights Commission prosecute their case is stripped.
Victims’ will have to become their own investigators and prosecutors or
find someone to do it.
Bill 107 does not ensure that every human
rights complainant will have free publicly-funded legal advice and
representation as the government previously committed to. It also does
not necessitate that legal services be provided by lawyers.
Bill 107 lets the Tribunal charge user
fees. The Tribunal could order human rights complainants to recompense
their opponent’s legal costs at Tribunal hearings if they lose. Currently
the Tribunal can order the Commission, not the complainant, to pay legal
costs of the party accused of discriminating. The bill will give rise to
discrimination victims’ afraid of bringing their case forward.
Bill 107 allows the Tribunal to make up
rules that strip the right to be represented by a lawyer at a hearing, to
call relevant evidence, and to cross-examine opposing witnesses.
Bill 107 noticeably reduces the right to
appeal from the Tribunal to court under the Judicial Review system. At
this time, anyone losing at the Tribunal has the broadest right to appeal
to court. This Bill 107 only lets the loser go to court if the Tribunal
decision is demonstrably unreasonable – a far tougher test
Bill 107 unjustly forces thousands of
discrimination cases now in the human rights system to start over again
in the new system and without the Human Rights Commission’s help.
Ontarians have trusted they could use the current system.
Improvement(s)
Allow all complainants the choice of
taking their case directly to the Human Rights Tribunal or opt for the
Human Rights Commission to investigate their case, and to prosecute if
evidence warrants.
Guarantee all complainants the dignity of
a publicly-funded lawyer at all Tribunal proceedings.
Continue current practise by allowing the
Tribunal authority to order the Commission, not the complainant to pay
the legal costs of the party accused of discriminating and totally
eliminate any user fees.
Ensure all hearing(s) are conducted
fairly, e.g. stop the Tribunal, the judge, from also being the
investigator Let complainants retain their right to appeal to court if
they lose at the Tribunal. Ensure that cases now in the human rights
system are completed under the Code, and needn’t start all over under
Bill 107.
In conclusion:
I personally thank each and every one of
you for being here today, for giving of your time, and making an
endeavour to strengthen the Ontario Human Rights Code.
Your voices are strong, they are heard by
many and you have the ability to empower those in our government to make
all necessary changes to the existing Human Rights Code.
We must move forward together unified to
ensure that our families and all Ontarians have fair and equal treatment
under Bill 107.
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