Human rights are fundamental protections that ensure fairness, dignity, and equality for all.
Jessyca Greenwood
If you believe your rights have been violated, it’s important to understand your legal options. This guide outlines how to identify a potential claim and navigate the process.
Human Rights Law in Ontario: What You Need to Know
The Ontario Human Rights Code prohibits discrimination and harassment on several grounds, including:
- Race
- Sex
- Age
- Disability
- Sexual orientation
- Gender identity and expression
- Religion
- Family and marital status
- Record of offences
Discrimination occurs when someone is treated unfairly or differently based on one of these grounds, resulting in disadvantage or harm. Harassment involves unwelcome or vexatious behavior that creates a hostile or poisoned work or service environment.
If you believe you’ve experienced discrimination or harassment, follow this guide to determine if you have a claim and how to proceed.
If you’ve faced discrimination or harassment, follow these steps to determine if you have a claim and how to move forward.
1. Step One: Understand the Grounds for a Claim
Your situation must involve one or more grounds protected by the Code. Common examples include:
- Denial of employment due to disability.
- Workplace harassment based on gender identity.
- Retaliation after rejecting unwelcome sexual advances.
The Code also protects against discrimination by association, such as being treated unfairly because of a relationship with someone identified by a protected ground.
At Greenwood Law, we can help determine if your experience qualifies as a claim. Our team provides clear, compassionate advice to help you move forward with confidence.
2. Step Two: Gather Evidence
Building a strong case requires solid evidence, such as:
- Emails, texts, or other written correspondence.
- Witness statements.
- Photographs or videos documenting incidents.
- Employment or medical records.
Preserve all documentation related to your case to strengthen your claim.
3. Step Three: Filing a Claim with the HRTO
You can file a claim with the Human Rights Tribunal of Ontario (HRTO) independently or with legal support.
Filing on Your Own:
- Download the application form from the HRTO website.
- Provide details of the incident, including dates and events.
- Submit your application online or by mail.
Filing with Legal Support:
- Consultation: A lawyer will assess your case and ensure your claim aligns with the grounds protected under the Code.
- Preparation: They’ll help you complete the application form thoroughly, ensuring all necessary details and evidence are included.
- Guidance: A lawyer can advise you on how to respond to the Tribunal’s requests or the respondent’s submissions.
Legal support increases your chances of success by anticipating challenges and addressing them strategically. Greenwood Law is here to guide you through the process, step by step.
4. Step Four: Mediation – Resolving Early
Mediation offers an opportunity to resolve the claim before a hearing. A neutral mediator helps both parties negotiate a settlement. This stage is confidential and often results in quicker resolutions.
5. Step Five: The Hearing
If mediation fails, the claim proceeds to a hearing before the HRTO. During the hearing:
- You present evidence, call witnesses, and explain the impact of the discrimination.
- The respondent submits their evidence and arguments.
- Both parties summarize their cases in closing submissions.
Legal representation can significantly ease the stress of preparing for a hearing and improve your chances of success.
What happens at a hearing (detail)
- Presenting Your Case:
- You’ll share your evidence, call witnesses, and explain how the discrimination or harassment affected you.
- Evidence might include emails, photos, records, or witness testimony.
- Cross-Examination:
- The respondent (the person or organization you’re filing against) or their lawyer can question your witnesses and challenge your evidence.
- The respondent (the person or organization you’re filing against) or their lawyer can question your witnesses and challenge your evidence.
- Respondent’s Case:
- The respondent will present their side, calling witnesses and submitting evidence to defend their actions.
- The respondent will present their side, calling witnesses and submitting evidence to defend their actions.
- Re-Examination:
- You can address new issues raised during cross-examination but not repeat earlier testimony.
- You can address new issues raised during cross-examination but not repeat earlier testimony.
- Closing Submissions:
- Both sides summarize their evidence, argue how it supports their case, and request remedies (e.g., compensation, policy changes).
6. Step Six: Remedies for a Successful Claim
If the Tribunal rules in your favor, remedies may include:
- Monetary compensation for emotional distress or lost wages.
- Policy changes to prevent future discrimination.
- Training requirements for employers or staff.
Public interest remedies may also be ordered to benefit the broader community.
Step Seven: Appeals
If you disagree with the HRTO decision, appeals can be made to the Divisional Court, but only if there’s a legal error. Appeals require careful legal evaluation, so consult a lawyer promptly to meet deadlines.
Conclusion: Know Your Rights and Take Action
Understanding your rights under the Ontario Human Rights Code is the first step toward addressing discrimination and harassment. Whether you choose to file on your own or with legal support, taking action can lead to meaningful remedies and change.
If you believe your human rights have been violated, contact Greenwood Law for personalized advice and professional representation. We’re here to help you navigate the process with confidence.
