The Ontario Federation of Labour

OFL Presentation to The Standing Committee on Government Agencies of the Legislative Assembly of

Ontario


For instance, under Bill 107, victims of discrimination are no longer safeguarded by the free, expert services of the Human Rights Commission.
This is because complaints are no longer publicly investigated and prosecuted without cost to the victim. Rather, they now have to pay for legal counsel in order to have meaningful access to a system that was intended to be universal. In this scenario, those with meager financial resources are forced to choose between seeking justice − and financial survival.

Sadly, we know all too well that those communities most affected by discrimination are also disproportionately affected by poverty. Over half of discrimination complaints are on the grounds of disability. Almost another half involves issues of racialization, citizenship, sex, gender identity, family status, pregnancy, and sexual orientation.

While Bill 107 may allow complaints to be made directly to a Tribunal, only those with financial means will be able to do so.
Although Bill 107 does not exclude the Commission from the complaints process, it has reduced its staff from 200 to 60 and severely constrained the Commission’s ability to meet the needs of those it is supposed to serve.

In effect, Bill 107 has privatized Ontario’s human rights system.

Not only did Bill 107 eliminate the free investigative services of the Commission, it also revised the administrative and operative functions of the Commission and eliminated staff.  So in theory, the Commission maintains its ability to bring forward a complaint on its own or intervene in individual complaints, but the reality is that there is simply not enough staffing and infrastructure to do so. And despite fewer resources, the Commission is still charged with the following mandate:

- To take proactive measures to address systemic discrimination through public education, promotion and public advocacy, research and analysis.

- To examine, review and make recommendations on any new statute or regulation, and any program or policy that the Commission feels is inconsistent with the intent of human rights legislation.

- To review discrimination problems that may arise and encourage and coordinate plans, programs and activities to reduce or prevent such problems.

- To promote, assist and encourage groups or persons to engage in programs to alleviate tensions and conflicts based upon identification by a prohibited ground of discrimination.

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