DOC

RESPONDENT'S GUIDE - THE HUMAN RIGHTS TRIBUNAL OF ONTARIO

By Jon Warren,2014-07-06 13:02
7 views 0
THIS GUIDE IS AVAILABLE ON THE INTERNET AT HTTP://WWW.HRTO.CA AND IN VARIOUS ACCESSIBLE FORMATS INCLUDING AUDIO TAPE AND LARGE PRINT. FOR AN ALTERNATIVE FORMAT OR A ...

    Human Rights Tribunal of Ontario

    Respondent’s Guide

    Disponible en français

    This Guide is available on the Internet at http://www.hrto.ca and in various

    accessible formats including audio tape and large print. For an alternative format

    or a paper copy, please contact the Human Rights Tribunal of Ontario at

    telephone: 416-326-1312, Toll Free: 1-866-598-0322, TTY: 416-326-2027, TTY

    Toll Free: 1-866-607-1240, Fax 416-314-8743; Fax Toll Free: 1-866-355-6099

    Read each part of this guide as you fill out your Response Form. This

    Guide provides general information only. It should not be taken as legal

    advice or a determination of how the Tribunal will decide any particular

    issue.

Contents:

    Respondent’s Guide ............................................................................................. 1 About the Ontario Human Rights Code ................................................................. 3 What is the Role of the Human Rights Tribunal of Ontario? ................................. 4 Using this guide .................................................................................................... 4 Finding a lawyer .................................................................................................... 4 Learn more about your rights and responsibilities under the Code ....................... 5 Understanding Discrimination ............................................................................... 5 Defining discrimination under the Code ................................................................ 5 When does the Code not apply? Some examples of exemptions ........................ 6 Other Proceedings ................................................................................................ 6 Applications where there is a civil court action based on the same facts. ............. 6 Applications where another proceeding is reviewing the same facts. ................... 6 Applications that are the same or substantially the same as a complaint

    previously filed with the Ontario Human Rights Commission. ............................... 7 Completing your Response Form ......................................................................... 7 Tribunal File Number ............................................................................................ 7 Contact information for Respondents .................................................................... 7

    1. Respondent Contact Information Individual ......................................... 7

    2. Respondent Contact Information - Organization ..................................... 7 Contact Information Additional Respondent(s) and Affected Person(s) ............. 8

    4. Additional Respondent Contact Information............................................... 8

    5. Affected Person Contact Information ......................................................... 8 Request for Early Dismissal of the Application...................................................... 8

    6. Request for early dismissal without full Response .................................. 8

    7. Request for Early Dismissal With Full Response .................................... 9

    Request to Defer (postpone) the Application ........................................................ 9

    8. Request to Defer ........................................................................................ 9 Responding to the Allegations in the Application ................................................ 10

    9. Responding to the Allegations ................................................................. 10

    10. Exemptions ............................................................................................ 10

    11. Knowledge of the Events ....................................................................... 10

    12. Disability and Employment ..................................................................... 10

    13. Internal Human Rights Policies .............................................................. 11

    A) Internal policy .......................................................................................... 11

    B) Internal complaint process ...................................................................... 11

    C) Did the Applicant make an internal complaint? ....................................... 11

    D) What was the result of the internal complaint process? .......................... 11

    Mediation ............................................................................................................ 11

    14. Choosing Mediation to Resolve the Application ..................................... 11 Documents That Support Your Response .......................................................... 12

    15. Important Documents You Have. ........................................................... 12

    16. Important Documents the Applicant Has................................................ 12

    17. Important Documents Another Person or Organization Has. ................. 12

    Confidential List of Witnesses ............................................................................. 12

    18. Witnesses .............................................................................................. 12 Other Important Information ................................................................................ 13

    19. Any other information the Tribunal should know .................................... 13 Checklist of Required Documents ....................................................................... 13

    20. Documents from questions 6-13 ............................................................ 13

    21. Declaration and Signature .................................................................... 13 Freedom of Information and Privacy ................................................................... 13 Signing your Response ....................................................................................... 14 Accommodation required .................................................................................... 14 Where to send your Response Form .................................................................. 14 What happens after you file your Response ....................................................... 15

    June 2008, last amended October 2010 2

About the Ontario Human Rights Code

    You have been named as a Respondent in an Application to the Human Rights Tribunal of Ontario (the Tribunal). The Applicant alleges that you discriminated against or harassed them in a way that is contrary to the Ontario Human Rights

    Code, R.S.O. 1990, Chapter H.19 (the Code).

    The Code is a provincial law that gives every person the right to equal treatment and equal opportunities. The Code prohibits discrimination and harassment in five areas. (known as social areas):

    ; Employment

    ; Housing

    ; Goods and Services

    ; Contracts

    ; Membership in trade and vocational associations (such as unions).

    The Code prohibits discrimination or harassed on any of the following grounds: ; Race

    ; Colour

    ; Ancestry

    ; Place of origin

    ; Citizenship

    ; Ethic origin

    ; Disability

    ; Creed

    ; Sex, including sexual harassment and pregnancy

    ; Sexual orientation

    ; Gender identity

    ; Gender expression

    ; Family status

    ; Marital status

    ; Age

    ; Receipt of public assistance (Note: This ground applies only to claims about

    housing.)

    ; Record of offences (Note: This ground applies only to claims about

    employment.)

The Code also has sections that prohibit:

    ; Discrimination because a person has a relationship, association or other

    dealing with a person or persons who are identified by one of the grounds

    listed above. This falls under Association.

    ; Reprisal or threats of reprisal because a person has claimed rights or taken

    part in a proceeding under the Code.

    June 2008, last amended October 2010 3

    ; Reprisal or threats of reprisal because a person has refused to infringe on

    another’s rights.

    ; Sexual solicitation or advances by a person who is in a position to give or

    deny a benefit.

    ; Reprisal or threats of reprisal for rejecting a sexual solicitation.

What is the Role of the Human Rights Tribunal of Ontario?

    The Human Rights Tribunal is the body responsible for resolving applications filed by individuals who claim that they have experienced discrimination or harassment. The Tribunal also resolves applications filed by a person or organization filed on behalf of another person and applications filed by the Ontario Human Rights Commission.

    In most cases, the Tribunal will try to help both sides reach an agreement that settles the application.

    Where an application cannot be settled, the Tribunal will hold a hearing to decide whether discrimination or harassment took place. If the Tribunal finds that the applicant experienced discrimination or harassment the Tribunal can make an order to address the discrimination or harassment. This can include ordering the Respondent to pay financial compensation to the applicant, and/or make orders to prevent further human rights violations. If the Tribunal finds that discrimination did not occur, it will dismiss the Application.

    Whether through mediation or a hearing, the Tribunal works to resolve Applications on the basis of the facts and the law. The Tribunal’s Rules and procedures are designed to deal with all Applications fairly and expeditiously, and in a way that ensures parties can understand and fully participate.

Using this guide

    As a Respondent named in an Application to the Tribunal, you respond to the allegations made in the Application. If you fail to file a response, within the time specified in the Rules, the Tribunal may determine that you have violated the Code and make an order against you, without any further Notice to you. Follow the instructions in this Guide for filling out your Response Form. Make sure that your Response Form is complete and correct.

Finding a lawyer

    This Guide is not legal advice. If you wish to hire a private lawyer and do not

    know one, you can contact the Lawyer Referral Service, Law Society of Upper Canada. The telephone number is 1-900-565-4577 (1-900-565-4LRS). This number can be dialed from any private phone in Ontario. This is a phone-based

    June 2008, last amended October 2010 4

    service only. There is a fee for using this service, but it lets you talk to a lawyer

     for thirty (30) minutes. Or, you could check the Yellow Pages in your area.Learn more about your rights and responsibilities under the Code If you want general information about discrimination and the Code, visit www.ohrc.on.ca or phone 1-800-387-9080.

Do you need copies of Tribunal forms?

    Contact the Human Rights Tribunal of Ontario at

Registrar

    Richard Hennessy

    Human Rights Tribunal of Ontario

    655 Bay St. 14th Floor

    Toronto, ON M7A 2A3

Toronto: (416) 326-1312

    Toll Free: 1-866-598-0322

    TTY (Toronto): (416) 326-2027

    TTY (Toll Free): 1-866-607-1240

    Fax: (416) 326-2199

    Fax (Toll Free): 1-866-355-6099

    email: HRTO.Registrar@ontario.ca

Understanding Discrimination

    Defining discrimination under the Code

    The Ontario Human Rights Code is the law that defines the situations where

    discrimination is not allowed. Not all unfair conduct or unequal treatment is discrimination under the Code.

    The Code says that every person has the right to:

    ; equal treatment in the five area (or social areas) named in the Code

    ; be free from discrimination or harassment on any of the listed grounds of

    discrimination named in the Code.

    When a person believes that discrimination has happened to them, they have the right to apply to the Human Rights Tribunal of Ontario. When they do this, they are referred to as the Applicant.

    On the Application Form (Form 1), the Applicant must name the people or organizations they believe are responsible for the discrimination being claimed. These people are called Respondents.

    June 2008, last amended October 2010 5

When does the Code not apply? Some examples of exemptions

    The Code includes some exceptions to the rule against unequal treatment on a discriminatory ground. For example, although the Code states that a person cannot be treated differently because of their age, it allows different insurance rates based on age.

    Another example of an exemption occurs in housing. The Code allows an owner to refuse to rent to someone based on their gender or race if:

    ; the owner or his or her family also lives on the premises, and, ; the owner of his or her family would be sharing a kitchen or bathroom with the

    tenant.

    To find out if your situation falls within an exemption, you should get legal advice.

Other Proceedings

    Applications where there is a civil court action based on the same facts. In most cases the Code does not allow an application where there is civil court action based on the same facts if a remedy is sought there for the alleged human rights violation. You may ask the Tribunal to for an early dismissal of the Application in this case.

    An Application can be filed if the court action was withdrawn.

    Applications where another proceeding is reviewing the same facts. There may be another proceeding that is dealing with the same facts, such as: ; a grievance arbitration

    ; a hearing before the Workplace Safety and Insurance Appeals Tribunal, or ; a hearing before the Landlord and Tenant Board.

In these cases, an Application can still be filed, but

    ; If the other proceeding is still going on, the Tribunal may decide to postpone

    or defer the application. You or the Applicant can also request a deferral. ; If the other proceeding has dealt with the facts of the Application appropriately,

    the Tribunal may dismiss the application. You may ask the Tribunal for an

    early dismissal of the Application in this case.

    June 2008, last amended October 2010 6

    Applications that are the same or substantially the same as a complaint previously filed with the Ontario Human Rights Commission.

    The Transitional provisions of the Code have special rules that deal with Complaints filed directly with the Ontario Human Rights Commission prior to June 30, 2008. In most cases the Code prevents an Applicant from making a new Application which is based on the same facts as a previously filed Complaint. However, if between June 30, 2008 June 29, 2009 if there is an active

    complaint before the Commission the Applicant may be able to file an Application with the Tribunal based on the same subject matter under special provisions of the Code and using special Rules established by the Tribunal. Refer to the “Transitional Cases” section of the Tribunal’s website, or contact the Tribunal for information on these transitional cases.

Completing your Response Form

    Tribunal File Number

    You will find the Tribunal File Number on the letter sent to you by the Tribunal. Please refer to this number on any correspondence or documents you send to the Tribunal.

    Contact information for Respondents

    Contact information for Respondents has three sections:

    1. Respondent Contact Information Individual

    Complete section only if you were personally named as a Respondent by the Applicant. Make sure you give your complete contact information and the best way to contact you.

    2. Respondent Contact Information - Organization

    Complete this section if the Applicant named your organization as a Respondent. Type an x in the box that best describes your organization’s legal status. Give complete contact information for the person in the organization who will have the authority to negotiate on behalf of the organization and make binding agreements to settle this matter.

    3. Representative Contact Information (if you have one).

    If you have a representative, all communication from the Tribunal and the Respondent will go to your representative. You must give us their complete contact information. You must first check the box that authorizes this person to act as your representative.

    NOTE: You must tell the Tribunal the best way to send information to you - you can choose mail, email or fax. If you check off email as the best way to contact you, you will have consented to the Tribunal, the Respondent(s)

    June 2008, last amended October 2010 7

    and any other party delivering documents and other information to you by email.

Contact Information Additional Respondent(s) and Affected Person(s)

    4. Additional Respondent Contact Information

    Complete this section if you know of a person or organization who: ; should be named as a Respondent in this matter; and,

    ; is not already named in the Application.

    They are entitled to notice of this proceeding. Please give complete information for each Respondent. Add more pages if needed.

    5. Affected Person Contact Information

    Complete this section if you know of any other person or organization, (such as a union or occupational association), which might be affected by this Application to the Tribunal. They are entitled to notice of the proceeding. Please give complete contact information for each person or group you name. Add more pages if needed.

    Request for Early Dismissal of the Application

    6. Request for early dismissal without full Response

    You may ask the Tribunal for an early dismissal of the Application without fully completing this Response Form only in the situations listed in Question 6. In all other cases, you may ask the Tribunal to dismiss the Application, but you must complete the entire Response Form.

    If this section does not apply to you, go to Question 7.

    If this section does apply to you, follow these steps:

    1. Put an x in the box beside each situation that applies.

    2. Attach a copy of each document you are required to give the Tribunal. You

    can attach the documents with this Response, or send them to the Tribunal

    within five (5) business days. You may fax or email the documents. Be sure

    to put the Tribunal File Number, your name and the Applicant’s name on

    each document.

    3. Go to Question 20 Put an x beside each document you are required to

    attach to support your request to dismiss the application.

    4. Go to Question 21 and follow the instructions for signing and returning your

    Response Form.

    June 2008, last amended October 2010 8

    When the Tribunal receives your Response Form, the Tribunal may ask the Applicant for comments about your request to dismiss the Application. After it hears from all parties, the Tribunal will decide whether or not to dismiss the Application at this stage of the proceedings. The Tribunal will provide the parties the opportunity to make submissions prior to dismissing any Application. If the Tribunal decides it is not appropriate to dismiss the Application at this stage, based on the situation you identified, you will be required to submit a complete Response Form.

    Note: You must attach a copy of the document referred to in your Response Form. You may also attach a fuller explanation of why the situation you identified should result in an early dismissal of the Application.

    7. Request for Early Dismissal With Full Response

    You may ask the Tribunal for an early dismissal of the Application if there has been another proceeding that has appropriately dealt with the substance of the application.

    If you believe this section applies to you, follow these steps:

    1. Name the other proceeding.

    2. Explain why you believe the other proceeding has appropriately dealt with

    the substance of the application.

    3. You must complete the remainder of this Response Form.

    When the Tribunal receives your Response Form, the Tribunal may ask the Applicant for comments about your request to dismiss the Application. After it hears from all parties, the Tribunal will decide whether or not to dismiss the application. The Tribunal will always provide the parties an opportunity to make submissions prior to dismissing an application.

    Note: You must attach a copy of the other decision to your Response Form. Request to Defer (postpone) the Application

    8. Request to Defer

    The substance of this Application may be part of another type of proceeding, such as:

    ; a grievance procedure

    ; a hearing before the Workplace Safety and Insurance Board

    ; a hearing before the Landlord and Tenant Board.

    If the proceeding is still going on, you can ask the Tribunal to defer (postpone) the Application until there is a decision.

    When the Tribunal receives your Response Form, the Tribunal may request comments from both the Applicant and any other parties to decide whether or not to defer (postpone) the Application.

    June 2008, last amended October 2010 9

    Note: You must attach a copy of the document that commenced the other proceeding to your Response Form.

    Responding to the Allegations in the Application

    9. Responding to the Allegations

    This question is your chance to tell the Tribunal your side of the story. Respond to each allegation of discrimination found:

    ; in the Application (Form 1) and

    ; in each of the social area forms (Forms 1A - 1E) that accompanied the

    Application.

    Facts that support your response

    Tell the Tribunal:

    ; what facts you agree with

    ; what facts you disagree with and why

    ; what additional information you have.

    10. Exemptions

    The Code includes some exemptions to the rule against unequal treatment on a discriminatory ground.

    To find out if your situation falls within an exemption, you should get legal advice. If you are relying on one of the exemptions in the Code, you should indicate that here and explain why.

    11. Knowledge of the Events

    Tell the Tribunal when you first became aware of the events described in the Application and how you responded.

    12. Disability and Employment

    Complete this question only if:

    ; the application alleges discrimination on the ground of disability and

    ; the application alleges discrimination in employment.

    If this is the case, Form 1-A, Questions about Employment, will be attached to the Application. Read over all of the information about the allegations. You must answer all of the questions in this section.

    June 2008, last amended October 2010 10

Report this document

For any questions or suggestions please email
cust-service@docsford.com