The provisions of the Code empower the Commission to advance claims of systemic
discrimination in several ways, including:
- initiating applications as set out in section 35 of the Code;
- conducting an inquiry as set out in section 31 of the Code;
- intervening in cases before the Tribunal, where the party consents, as set out in
section 37 of the Code; and - applying to the Tribunal to state a case to the Divisional Court where it feels that
a Tribunal decision is not consistent with Commission policies, as set out in
section 45.6.
Pursuant to section 30 of the Code, Commission policies are to be used as guidance
when interpreting and applying the Code. Counsel may, therefore, find the
Commission’s policies useful during settlement negotiations, mediations and hearings of
applications. With respect to disability, the Commission has published several policies,
including Policy and guidelines on disability and the duty to accommodate, Guidelines
on accessible education, and others. These can be found on the Commission’s
website.^33
Section 45.4(1) of the Code provides that the Tribunal has the authority to refer a matter
to the Commission and may ask the Commission to conduct an inquiry. Counsel may
consider making a Request for Order that the Tribunal rely on its authority pursuant to
Section 45.4(1).
While the Commission has the power to monitor and track applications (including those
that raise claims of systemic discrimination), counsel for applicants seeking to raise
systemic claims should consider proactively contacting the Commission to direct its
attention to the case. Counsel may request support and intervention from the
Commission.
(^33) See Policy and guidelines on disability and the duty to accommodate and Guidelines on accessible
education, both supra note 12.