FAQs Human Rights Applications

The Canadian Human Rights Act aims to ensure that every citizen’s right to be free of harassment and discrimination is protected and enforced uniformly across the country. Individuals get security and protection under the Human Rights Act from discrimination based on race, color, heritage, place of origin, faith, disability, sex, sexual orientation, age, marital status, and criminal record.

We received so many requests the last time we published a Frequently Asked Questions About Human Rights Code. For additional information, see the new Human Rights Applications FAQ section. After reading our previous FAQs related post, one of our readers stated that he no more needs to search 'lawyers near me,' 'court near me,' or 'justice of peace' to find out answers to his specific legal questions.

WHAT SHOULD I DO IF I AM CONSIDERING MAKING A HUMAN RIGHTS APPLICATION?

• Take notes — the finer points are crucial. Dates, names, and particular comments or behaviors that you felt discriminatory should all be in it.
• Keep your attention on the key topics, and don’t be distracted by minor details.
• Find any written evidence that supports your claim, such as a contract or e-mails.
• Consider whether there were any additional witnesses to the discrimination. Is anyone else being harassed or discriminated? Speak with someone you can trust.
• If you’ve spoken with a supervisor or manager, make a note of what they did or didn’t do, especially if it’s relevant to your future claim.
• Consider whether there are any alternative options for resolving the matter without resorting to the judicial system.

HOW DO I REGISTER A HUMAN RIGHTS APPLICATION?

You can submit a complaint with the justice of peace if you have been the victim of prejudice. The Tribunal is in charge of receiving and resolving discrimination complaints.

WHO WILL INVESTIGATE MY CASE IF I FILE A HUMAN RIGHTS COMPLAINT?

Before filing a judgment claim with the Tribunal, it is not necessary to conduct an investigation. The declaration of both sides and any witnesses are usually the most crucial evidence at a hearing. The Tribunal process requires you and the other party to reveal all relevant material, including documents, without conducting an investigation and in advance of the hearing.

In more complex circumstances, the Code provides numerous instruments to assist an applicant in obtaining the evidence required to prove prejudice. For example, the Tribunal can order your employer to supply you with copies of papers from you. The court near me Tribunal can order an investigation in rare cases where more information is requested. The Centre retains experts to identify discrimination evidence as required.

HOW DO I DETERMINE HOW MUCH FINANCIAL COMPENSATION TO ASK FOR IN MY APPLICATION TO THE TRIBUNAL?

It’s hard to place a financial value on the pain discrimination causes. If you succeed in showing discrimination, the Tribunal will attempt to compensate you for your discriminating experience. You compare the circumstances to those in prior rulings, and the Tribunal will consider the amount of compensation awarded in similar cases.

The Tribunal, for example, will evaluate the impact of the discrimination on you and whether it occurred on a single occasion or over a while.

You can also ask for compensation for certain costs incurred due to the discrimination, such as lost wages or moving costs, in your application.

It’s possible that you won’t realize the full financial impact of the prejudice until you file your application. If this is the case, mention it on your application form and tell the Tribunal how much compensation you think would be fair over a more extended period.

ONCE THE TRIBUNAL RECEIVES MY APPLICATION, DOES THIS MEAN THAT MY CASE WILL BE SUCCESSFUL?

No, if an application is complete and falls within the Tribunal’s jurisdiction, it will be processed. If the Tribunal requires additional information before accepting your application, it will notify you and provide you time to supply it.

The first step in the procedure is to have your application recognized as submitted before the Tribunal. Visit the Allied Paralegal website and study the guides to learn more about the entire process.

HOW LONG DOES THE TRIBUNAL PROCESS TAKE?

The Human Rights Tribunal of Ontario intends to hold a hearing within a year of receiving an application. Many applications are resolved sooner, either through parties’ talks or through the Tribunal’s mediation process. When I applied for the Tribunal in the court near me, the process took around five-six months.

IS THERE A HEARING FOR EVERY APPLICATION? WILL THE BOARD ASSIST ME IN REACHING AN AGREEMENT WITHOUT THE NEED FOR A FORMAL HEARING?

Both sides of a human rights claim can use the Tribunal’s mediation services. The purpose of the mediation process is to assist the parties in reaching a mutually agreeable agreement. If one or both participants decline to participate in mediation, or if mediation fails to resolve the conflict, the Tribunal holds a hearing to determine whether discrimination happened.

WHERE CAN I GAIN OUT MORE ABOUT MEDIATION AND REGARDING HOW TO COMPENSATE FOR MY CLAIM?

For more knowledge on the Tribunal’s mediation process, visit Allied Paralegal. The Centre has released descriptions of settlements that we reached at mediations to show you how to resolve human rights claims. Even before you make an application, the Centre can assist you in exploring your alternatives for resolving your claim.

WHY WOULD I WANT TO IMPROVE MY CASE AT ARBITRATION? ISN’T IT PERPETUALLY BETTER TO GO TO A HEARING?

Every situation is unique. There are a diversity of reasons why an applicant might wish to settle a discrimination case through mediation. They may desire to resolve the disagreement quickly or avoid the time and worry that a full public hearing would entail.

HOW CAN I LEARN MORE ABOUT THE TRIBUNAL’S ENTIRE APPLICATION PROCEDURE, FROM START TO FINISH?

Please see the instructions on the Human Rights Tribunal of Ontario website for a complete explanation of the application process. A guide to the Tribunal’s mediation method and a guide to the Tribunal’s healing process created by the Centre.

WHAT CAN THE TRIBUNAL DO IF IT CONTINUES A TRIAL AND DECIDES THAT DISCRIMINATION HAS OCCURRED?

The Tribunal has the authority to order monetary or other forms of compensation. Visit Allied Paralegal for further information on the Tribunal’s power to issue orders.

IT IS NOT JUST ABOUT MONEY. CAN I REQUEST THE TRIBUNAL TO MAKE AN ORDER TO STOP FUTURE DISCRIMINATION?

Yes, the Tribunal has the authority to issue orders prohibiting discrimination in the future. The Tribunal could, for example, require an employer, landlord, service provider, professional organization, or union to:

• Human rights policies and procedures must develop or amended.
• All employees must know about the new guidelines.
• Display signage saying that the respondent complies with the Human Rights Code or a more particular message such as “We Welcome Breastfeeding!”
• Engage an independent consultant to provide human rights training to an organization’s entire employees or top management.
• All existing and future workers should receive a copy of the harassment policies.
• Change the way you hire people.

WILL LEARNING ABOUT MY HUMAN RIGHTS APPLICATION BE MADE PUBLIC?

During the Tribunal’s proceedings, the material in your application and additional information about your case may become public. Your information, for example, will be made public at the hearing and in the Tribunal’s ruling. The public can see intermediate and final tribunal judgments on CanLII, but they may also be searchable by name on the internet.

The specifics of many mediated agreements are kept private. If the Commission requests it, the Tribunal requires by law to disclose your Application and any filed Response with the Commission.

Your information could also become public due to a Freedom of Information and Protection of Privacy Act request to the Tribunal.

HOW OLD DO YOU OUGHT TO BE TO RECORD A HUMAN RIGHTS APPLICATION?

To record a human rights application in Ontario, you must be 18 years old in most situations. Suppose they have encountered uneven treatment in occupying or renting housing. In that case, people aged 16 and 17 who have been “eliminate from parental control” – that is, are living away from their parents – can file a complaint under the Code.

CAN I FILE A HUMAN RIGHTS STATEMENT IF I AM ALSO FILING AN APPLICATION USING ANOTHER METHOD?

The HRTO (Human Rights Tribunal of Ontario) has the jurisdiction under the Code to refuse all or a portion of an application if the Tribunal determines that the application’s content gets adequately addressed in another action. This prevents duplication of processes or the re-opening of issues that have already got their verdict.

If an applicant has started and finished another process, the opposing party may ask the Tribunal to dismiss the application. The Tribunal will not ignore the application without allowing both parties to express their views on whether the previous action adequately addressed the substance of the discrimination claim.

Other proceedings that may have an impact on your human rights application include:

• Arbitration for grievances
• The Workplace Safety and Insurance Appeals Tribunal heard the case.
• The Landlord and Tenant Board hold a hearing.

If the same concerns are still getting address in another action and the results would apply to the same parties, the Tribunal may decide to defer (delay) a discrimination application.

Both parties must get the opportunity to submit their position on whether a deferral is appropriate before the Tribunal chooses to postpone (delay) an application.

WHERE CAN I FIND THE DECISIONS OF THE TRIBUNAL?

There are a variety of places to look for human rights judgments. For further information, go to Allied Paralegal.

WHAT CAN ALLIED LEGAL SERVICES DO FOR YOU?

Our skilled legal advisors at Allied Paralegal assist individuals in fighting lawsuits involving human rights breaches in any form. Our paralegal services in Sudbury, Ontario, provide human rights and constitutional rights advice and representation. For cases pending before the HRTO, we provide legal help.

I learned most of the information in this blog from  'lawyers near me' , and today I have passed it on to you.

We also give paralegal assistance and information about a person’s rights if they accuse you unfairly of human rights crimes. Our competent legal representatives check for the applicability of human rights laws, decide whether your rights have been infringed, and provide professional paralegal services. Visit us at Allied Paralegal Services Today.

Source: FAQS HUMAN RIGHTS APPLICATIONS