Wrong changes for Ontario Human Rights Commission.

Toronto -- The Ontario Attorney General, Michael Bryant (MPP, Toronto St. Paul), announced on February 20 that the McGuinty government is considering eliminating preliminary procedures for human rights complaints and quickly moving cases straight to adjudication in a tribunal.

Under the old system, a three-step procedure was followed in which the Human Rights Commission examined each case brought forward and decided if it should be pursued. If the complaint was seen to have merit, it moved to a mediated process in which the parties were encouraged to settle differences privately. It was only after those preliminary steps were taken that a challenge would go before a tribunal.

Bryant wants to speed up the procedure, but making the process quicker is in the view of many critics not what is needed. Observers, rather, see the system as heavily biased and leaning unfairly towards the complainant and against the defendants. Human Rights Commissioners are unaccountable government appointees who are chosen not for their expertise in the law, but because they represent special interest groups.

In addition, although the defendant must pay all his own costs which can be very substantial, from the first moment of making a complaint, the costs to the complainant are covered by the government. This situation, combined with the lack of objectivity of members of the Commission, and the absence of the rules of evidence that traditionally protect defendants, creates an imbalance that has yet to be addressed by the government.

Toronto lawyer Gwen Landoldt comments, "There needs to be reform, but real reform should make the system less biased and more in line with the requirements of the rule of law and due process. Eliminating the preliminary procedures just means you get cooked that much faster if you are the person against whom the complaint is launched, and without a reconciliation period, there is less chance of avoiding a costly tribunal in which hearsay [can] be used as evidence against you."

Few Canadians understand that the Human Rights Tribunals are not bound by the usual regulations of legal courts. "People often represent themselves," Landoldt said, "and they are facing formidable legal opposition, all paid for by the government. Then, when the Tribunal finds against them, they have no recourse because they can't afford an appeal in the courts." (Life Site News.com, Feb. 22/06)

Action: Please write Ontario Attorney General Michael Bryant: McMurtry-Scott Building 720 Bay Street, 11th Floor, Toronto, ON, M5G 2K1

Ask him to introduce balance, impartiality, and equal financing into the procedures or otherwise abolish the HRC altogether.