April 28, 2006 Highlights

1. Reform of the Ontario Human Rights Complaints Process

On April 26, 2006 Attorney General Michael Bryant introduced Bill 107, the Human Rights Code Amendment Act, 2006. Through the bill, the government aims to modernize the human rights complaints process that has been in place since the Ontario Human Rights Commission (OHRC) was established in 1962.

If passed, the process will change so that complaints of discrimination can be filed directly with the Human Rights Tribunal of Ontario. Individuals who file complaints will have access to a human rights legal support centre, although Mr. Bryant did not provide details of this new service. The commission’s mandate will be amended to focus on public education, promotion, and analysis to prevent discrimination. The bill also proposes to establish a new anti-racism secretariat within the commission.

The Attorney General’s office announced on February 20 that legislation to reform the human rights complaints process would be forthcoming. Since then OHRC employees and advocacy groups representing those who access the complaints process have raised concerns about whether access would be limited rather than expanded. In announcing the bill, the Attorney General pointed to previous reports and consultation on the issue. He stated:

“We need to continue to have public debate and consultation. That must continue. We will continue to meet with those in the human rights community to get their input as the bill progresses through the Legislature, and I look forward to province-wide public hearings on this bill to take place as soon as possible.”

In responding to the introduction of Bill 107, PC MPP Christine Elliott argued that shifting the volume of complainants from the commission to the tribunal would not resolve the backlog problem. She argued that

“Complainants who find themselves without means to pursue legal representation -- legal representation that is now accessible through the commission -- will either be forced to drop their concerns because they cannot afford to voice them or will be forced to get in line at the less-accountable legal clinic that will not have the commission's statutory public investigation powers the minister is proposing as part of his solution.”

She also suggested the new process wouldn’t be successful without significant new provincial funding.

Responding for the NDP, MPP Peter Kormos contended the government had failed to consult with a number of organizations that represent groups who access the human rights process. He also warned that British Columbia had implemented similar changes that had not resolved the backlog problem. He also charged that access would be reduced:

“That commission resolves 48% of all complaints through mediation alone. That's incredibly low-cost, efficient and effective. That's the very same commission that you're shutting down. You're forcing people into what you call direct access.”

2. Private Member’s Bill Proposes Organ Donation Curriculum

On April 27, Bill 33 passed Second Reading. The Private Member’s Bill sponsored by Liberal MPP Dave Levac proposes to have the topic of the importance of organ donation taught as part of the high school curriculum.

The bill received support from all three parties in the Legislature and was referred to the Standing Committee on Regulations and Private Bills for review. No date has been set for the review.

For more information, check the website of the Ontario Legislature: www.ontla.on.ca