Human Rights Reforms Could Trigger Unfair Proceedings

The Toronto Star
May 08, 2008 04:30 AM

New tribunal has been given sweeping power to make rules that override legal safeguards

You probably don’t know Ontario’s Human Rights Tribunal is now considering adopting potentially draconian new rules on how it will handle discrimination claims. This should worry everyone, whether they look through the eyes of a discrimination claimant or through the eyes of a person or organization accused of discrimination.

On June 30, the controversial Bill 107 goes into effect. It privatizes human rights enforcement. For the first time, discrimination victims must take claims directly to the Human Rights Tribunal for a decision.

Weeks before June 30, Premier Dalton McGuinty’s appointees still scratch their heads over details on how this will work.

To cope with an anticipated tenfold-plus caseload increase, McGuinty gave the tribunal sweeping power to make rules that override long-standing legal safeguards – safeguards needed to ensure fair hearings. The tribunal proposes new rules to give itself excessive new powers. These are troubling, whether you support or oppose Bill 107.

Normally at a court or tribunal hearing, the parties choose which witnesses to present to prove their case, as long as evidence is relevant and not unduly repetitive. Violating this, the tribunal proposes rules that will allow it to refuse to hear relevant witnesses a party wants to present to prove their case.