disabilities must, therefore, consider whether to make human rights arguments in
support of their client’s administrative law claims.
This chapter focuses primarily on Ontario’s provincial human rights statute.^4 The Code
applies within provincial jurisdiction; it prohibits discrimination and harassment on the
basis of enumerated grounds, including disability, race, sexual orientation, age, family
status and others; and in enumerated social areas, including employment, housing,
goods, services, contracts, and others.^5
The Canadian Human Rights Act applies within federal jurisdiction and protects against
discrimination by federally regulated employers or service providers, including federal
government departments, chartered banks, airlines, television and radio stations, and
others.^6 More information about the Canadian Human Rights Act can be found at:
http://www.chrc-ccdp.ca/about/human_rights_act-eng.aspx. More information about the
Canadian Human Rights Tribunal can be found at: http://www.chrt-tcdp.gc.ca/NS/index-
eng.asp.
This chapter deals with substantive legal issues that arise in the practice of human
rights law in Ontario. It does not address procedural issues. There is a substantial
body of jurisprudence regarding practice and procedure before the Human Rights
Tribunal of Ontario (“Tribunal”). Proceedings before the Human Rights Tribunal are
governed by this body of jurisprudence, the Tribunal’s Rules of Procedure^7 and the
Statutory Powers Procedure Act^8. In many cases issues that arise are procedural in
nature but have substantive and substantial impact on a client’s case. Procedural
issues may include choice of forum^9 , whether a party has standing before the Tribunal,
(^4) Human Rights Code, RSO 1990, c H.19 [“Code”].
(^5) Ibid at ss. 1-7, 9.
(^6) Canadian Human Rights Act, RSC 1985, c H-6 at ss. 3-14.
(^7) Human Rights Tribunal of Ontario, Rules of Procedure Applications Under the Human Rights Code Part
IV R.S.O. 1990, c.H.19 as amended, online: Human Rights Tribunal of Ontario
http://www.hrto.ca/hrto/index.php?q=en/node/28. 8
9 RSO 1990, c S.22.^
There is a body of jurisprudence regarding choice of forum and its impact on litigation before the Human
Rights Tribunal. Section 45.1 of the Code provides that, “(t)he Tribunal may dismiss an application, in