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Ontario Human Rights Commission - Protecting the
right of all Ontarians
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LIST OF KEY REFORMS TO
THE BILL THAT MUST BE INCLUDED AT MINIMUM:
- Ensure that the bill doesn’t take away any
rights now enjoyed, including the right to opt for a public investigation and
prosecution of their human rights complaint via the Human Rights Commission;
- Ensure that no human rights case can be
dismissed or finally decided by the Tribunal without a full open hearing with
all procedural rights now enjoyed under law, such as the right to full notice
of the case against you, to call evidence and to cross-examine opposing
witnesses.
- Strengthen, and not in any way weaken, the
Human Rights Commission’s enforcement powers and role, including expanding its
mandate to monitor and enforce remedies the Tribunal orders.
- Guarantee in the bill that a publicly-funded
lawyer will represent all human rights complainants at and throughout all
proceedings of the Human Rights Tribunal.
- Ensure that everyone who files a
discrimination complaint and who opts for direct access to a hearing before
the Tribunal will be assured a hearing within 90 days of filing their human
rights complaint.
- Ensure that any Government decision over the
funding of human rights enforcement and especially any reduction of this
funding, including legal services must be approved by the Legislature.
- Ensure that in every case, the Human rights
Commission is actively involved, both at the settlement negotiations at and at
hearings, to advocate, among other things, for the public interest and for
public interest remedies.
- Ensure that no regulations or rules are made
by the Tribunal or the Cabinet under the Human Rights Code that take away any
existing rights, and without giving the public notice and a chance for input
into the regulations and rules.
- Make the Human Rights Commission and the
appointment process for members of the Human Rights Tribunal meaningfully
independent of the Government.
- Amend the Accessibility for Ontarians with
Disabilities Act 2005 to establish an independent enforcement agency that can
receive, investigate and prosecute discrimination against Ontarians with a
mental or physical disability.
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