Human Rights Tribunal of Ontario – Toronto, ON

Human Rights Tribunal of Ontario (HRTO)

The Human Rights Tribunal of Ontario (HRTO) is a specialized quasi-judicial body headquartered at 655 Bay Street in Toronto, designated to resolve applications alleging discrimination and harassment under the Human Rights Code. As a core component of Tribunals Ontario, the HRTO ensures that all Ontarians have a direct and accessible avenue to enforce their human rights. The Tribunal’s role is to resolve claims in a fair, just, and expeditious manner, providing an alternative to the traditional court system for human rights disputes. The HRTO is independent of the Ontario Human Rights Commission (which focuses on policy and education) and the Human Rights Legal Support Centre (which provides legal aid to applicants). This separation of powers ensures an impartial adjudicative process where decision-makers, known as adjudicators or vice-chairs, assess the merits of each case based solely on the evidence and the law.

Protected Grounds and Social Areas

The Tribunal’s jurisdiction is strictly defined by the Code. It handles complaints where an individual believes they have faced discrimination or harassment based on specific ‘protected grounds’ within specific ‘social areas’. Understanding these categories is essential for anyone filing an application:

• Protected Grounds: The Code prohibits discrimination based on race, ancestry, place of origin, colour, ethnic origin, citizenship, creed (religion), sex (including pregnancy and breastfeeding), sexual orientation, gender identity, gender expression, age, marital status, family status, receipt of public assistance (in housing only), and disability.
• Social Areas: The discrimination must have occurred in one of the following contexts: employment (hiring, firing, workplace environment), housing (renting, evictions), goods, services and facilities (shops, schools, hospitals, government services), contracts, or membership in trade and vocational associations.

The Application and Hearing Process

The process begins when an individual (the Applicant) files an application (Form 1) with the Tribunal detailing the alleged discrimination. The named organization or individual (the Respondent) is then given an opportunity to file a response (Form 2). The HRTO utilizes a comprehensive case management system to move files forward. A key feature of the HRTO process is the emphasis on mediation. All parties are offered the opportunity to participate in voluntary mediation, where a Tribunal mediator helps them negotiate a settlement without the need for a hearing. Settlements are often preferred as they allow for creative remedies and confidentiality. If mediation fails or is declined, the case proceeds to a hearing. Hearings are legal proceedings where parties present evidence, call witnesses, and make legal arguments. While parties can represent themselves, the complexity of human rights law often makes legal representation advisable.

Remedies and Powers

If the Tribunal finds that discrimination has occurred, it has broad powers to order remedies to correct the wrong. These remedies can be monetary or non-monetary. Monetary compensation may be awarded for injury to dignity, feelings, and self-respect, as well as for financial losses (e.g., lost wages). Non-monetary remedies often include ‘public interest’ orders, such as requiring the Respondent to undergo human rights training, change internal policies, or establish new anti-discrimination protocols. This restorative approach aims not just to compensate the victim but to prevent future occurrences of discrimination. The Tribunal does not have the power to imprison anyone or to award legal costs in the same way civil courts do, maintaining a focus on remedial rather than punitive justice.

Access and Logistics

The HRTO office at 655 Bay Street is located in a high-density government and business district. For those attending in-person proceedings (though many are now virtual), the building is fully accessible, featuring elevators and accessible washrooms. Security screening is mandatory for entry. The Tribunal is committed to accommodation and offers services in various formats to support persons with disabilities. Furthermore, as a provincial body, it guarantees services in both French and English. It is critical for applicants to be aware of the one-year limitation period for filing an application from the date of the last alleged incident of discrimination, although exceptions can be made in cases of good faith delay.