BILL 107, AN ACT TO AMEND THE HUMAN RIGHTS CODE

Report from Dates & Data, September 2006

On April 26, 2006 Premier Dalton McGuinty’s government tabled Bill 107 - a Bill to reform the
human rights protection and enforcement system in Ontario.

The Ontario Human Rights Code was enacted in 1962 to protect people in Ontario against discrimination
in employment, accommodation, goods, services and facilities and membership in vocational associations
and trade unions. The Ontario Human Rights Commission was established to administer The Code. It is
an arm’s length agency of our government and accountable to the Legislature through the Attorney General.
There are 15 grounds for discrimination under the Code: race, ancestry, place of origin, colour, ethnic, origin,
citizenship, creed (religion), sex, sexual orientation, disability, age, marital status, family status, receipt of
public assistance and record of offences. (OHRC website - www.ohrc.on.ca)

The Ontario Human Rights Commission has the power to investigate a human rights complaint. A
thorough investigation of the complaint is completed by the Commission, including interviewing witnesses
and gathering evidence. The Commission may consult a lawyer during the investigation but does not provide
lawyers for either of the Parties involved. Conciliation may take place at this stage, but if one is not reached,
the case may, or may not, be referred to the Human Rights Tribunal Office (HRTO). The HRTO hears the
evidence presented by the Commission, decides if discrimination has occurred, what the remedy will be, and
how to prevent it from occurring again.

There is no doubt that the process involved is very complex and, this alone has contributed to lengthy
case resolution times. However, Ontario has the largest and most diverse population and, therefore, it is not
surprising that it has the highest per capita caseload in Canada. The OHRC’s budget has remained largely
flat: in 2004-2005 the budget was 12.5 million dollars compared with 11.3 million in 1995-1996. The current
OHRC budget amounts to merely one dollar per Ontarian per year.