Former BC
Chief Human Rights Commissioner speaks out
To The
Editor, Toronto Star:
As a former
Adjudicator with the Ontario Human Rights Board of Inquiry and Pay Equity
Hearings Tribunal, a former BC Chief Human Rights Commissioner and long time
human rights advocate, I have read with much interest the debate in recent
issues of the Toronto Star concerning the announced changes to the Ontario Human
Rights Commission. The opinions expressed in The Star by an advocate for
change and a critic of the change contribute to an important debate about what
type of system provides justice for those who have experienced discrimination
and those who are charged with discrimination. However, in British Columbia, we
have had a so-called "Direct Access" model of human rights administration and I
can assure you the so-called direct access model merely provides access to the
Tribunal. It does not provide justice.
In 2002,
the BC Liberal government abolished the Commission selling a new model called
"Direct Access" to British Columbians. The government told us that victims
would be able to file a complaint directly with the Human Rights Tribunal. This
change was because many were upset with the “gate-keeping” function of the
Commission. These are similar concerns voiced now in Ontario. However, the
evidence in BC is that the so-called gate-keeping function of the Commission has
simply shifted from the Commission to the Tribunal. Letters to the editor are
limited in length otherwise I would provide statistics that would illustrate
this point.
It is true
that there are more cases appearing before the Tribunal, but the Tribunal is now
required to perform the gate-keeping function of screening out unmeritorious
claims. The overwhelming majority of the Tribunal’s new case load is not
concerned with looking at substantive issues of human rights, but only with the
administration of the legislation. As such, the direct access model is not
actually allowing more complaints to be adjudicated on their merits.
There’s a
saying “Be careful what you ask for!” I’d urge Ontarians to be very careful.
Our experience in BC is that a direct access human rights model is double speak
for a model that ensures no justice at all.
Mary Woo
Sims
Former BC Chief Human Rights Commissioner
Former Vice-Chair, Ontario Pay Equity Hearings Tribunal & Human Rights Board of
Inquiry
Current President, BC Society of Human Rights Defenders
