Ontario Human Rights Commission Complaints Process Background

The Commission is piloting changes to the complaints process. The aim of the changes, which have been in development for a number of months, is to help the Commission be more efficient and timely in the way it deals with complaints. It is anticipated that the introduction of more stringent timelines for meeting dates and production of documents should reduce the average time for a complaint to make its way through the Commission’s process.

The changes to the process focus on mediation and Fact-Finding meetings. Complaints will be served within two months of having been signed and received in Intake. Investigation Officers will work on a rotating basis to assist Intake Officers to assess and triage complaints for complexity, preliminary production required, and appropriateness for mediation. When the complaint is served, parties will be provided with both a fixed mediation date and a fixed Fact-Finding meeting date. Between six weeks and two months after a complaint is served, a mediation meeting will be held involving the complainant and the respondent. If no settlement results (or if either party does not attend the mediation meeting) the Fact-Finding meeting will take place between six weeks and two months after the scheduled mediation meeting.

If there is still no resolution to the case, Investigation Officers will finish the investigation and disclose the case analysis report for consideration by the Commission. Cases that are systemic or complex in nature may take more time to fully investigate. As in the current system, some investigation by the OHRC may need to take place once the case is referred.

The benefits to parties will be important. Because of the fixed mediation dates, it is anticipated that more cases may be resolved before an investigation takes place, helping the Commission address older cases and reduce its caseload. Investigation staff will save time because evidence should be easier to collect, as documents and the memories of witnesses will still be fresh. In addition, there will be greater emphasis on cooperation from parties to provided requested documents more quickly.

The Commission has a duty to give the public the best possible service. These changes are being piloted to help improve processing timelines, so that complaints are resolved or investigated as quickly as possible. The Commission will also monitor the changes to see how they can be improved over time. As always, client input will be of great value in helping to tweak and upgrade the system.

Questions and Answers

Q1.Why was the process developed and why is it being introduced now?

The Commission has heard from community stakeholders that the current system results in too many delays. Staff have also suggested changes to the process to make them more user-friendly and efficient. In response, the Commission began work on changes for the pilot project in early 2006. Those changes reflect our very positive experience with mediation and conciliation as ways of resolving cases effectively.

Q2. How will mediation and Fact-Finding meetings be set?

The complainant and respondent will be notified of the mediation date and the Fact-Finding meeting after the complaint has been filed. If a case settles at mediation, the file will be closed.

Some more complex cases, for example, multiple cases involving the same issue, or cases taking place outside Toronto, may have a different timeline to meet the different circumstances.

What happens at a Fact-Finding meeting?

If there is no settlement at the mediation meeting (or if either party does not attend the mediation meeting) a Fact-Finding Meeting will take place after the scheduled mediation meeting – usually between six weeks and two months after the mediation attempt.

The Fact Finding Meeting is part of the investigation to gather evidence and help the parties to resolve the complaint through conciliation. If there is still no resolution to the case, the Investigation Officer will have some additional time to finish the investigation and to give a “case analysis report” to the parties. The parties will then have an opportunity to make submissions to the case analysis report. The Commission will consider these when it makes its decision about whether to send the case on to the Human Rights Tribunal of Ontario.

Q4. Is this the same process that will soon happen at the Tribunal once Bill 107 is proclaimed?

The process for dealing with cases at the Human Rights Tribunal of Ontario has not yet been established.

Q5. Will the changes affect the case processing timeline?

The changes to the complaint process may reduce processing time in investigation. Similarly, one result may be that more parties will wish to take advantage of the mediation process.

Q6. What if a party refuses to attend a Fact-Finding meeting?

The Commission has the power to refer a complaint to the Tribunal if it decides the evidence is strong enough and the procedure is appropriate. When a party has failed to attend an FFM, cannot be located, and/or refused to produce requested documents or things, the Commission may decide to dismiss the complaint or send the case on to the Tribunal for a decision. We do not believe this is likely; most parties will cooperate in reaching an early resolution where possible.

Q7. Will Intake Officers continue their review of complaints prior to serving them?

Yes, the Intake Officer will:

• Assess the complaint to determine if it meets quality standards (e.g. correct names and addresses for the parties, quality of information in the complaint , etc.)
• Where necessary, conduct a corporate/Internet search or contact the corporate respondent to verify/obtain the correct legal name for the corporate respondent
• Apply consideration of section 34 of the Code in consultation with the Legal Services Branch, when appropriate
• Consult with an Investigation or Mediation Officer to establish if mediation is appropriate and/or for a strategic approach
• Serve the complaint within the two month time frame.

What will now happen to cases at the Mediation stage?

Cases will arrive at mediation more quickly, and most cases will now automatically receive a mediation date. The Commission offers free, voluntary, confidential and timely mediation services to parties in human rights complaints. Timely mediation is achieved by giving parties fixed mediation dates. The Commission provides mediation services by trained Commission mediators. If the parties reach a settlement at mediation, no further action is taken and the file is closed.

Q9. What will now happen to cases at the investigation stage?

There will be greater emphasis on the parties to provide the necessary information to make their case or defend against the allegations. Holding complainants and respondents to set deadlines will ensure fewer delays.

Q10. Is the threshold for referral going to change?

No. The threshold for referral remains the same. The Code permits referral "where the evidence warrants it and the procedure is appropriate”.

It is anticipated that, with the advent of specific production letters and effective Fact-Finding meetings, the recommendation regarding referral may be made more quickly on the basis of the evidence gathered through this process, subject at all times to the discretion to obtain further evidence after the Fact-Finding meeting, if warranted.

What about cases currently in the system?

The changes in the complaint process will be phased-in starting revised service letters assigning Mediation and Fact-Finding meeting dates. Depending on how long it takes to process and serve the complaints, mediation meetings may be scheduled a minimum of 42 days later, and Fact-Finding meetings may be scheduled at a minimum of 42 days after attempts at mediation.

As the changes to the complaints process are implemented, complainants and respondents will be provided with information about the status of their cases.