The Ontario Human Rights Commission Complaints Process CLN4U

The Code requires the Commission to accept all complaints. The Commission maintains a neutral position throughout the complaint process Once the complaint has been made the Commission staff will review it to make sure it meets Commission standards. The Commission will then register and “serve' the complaint by sending it to the Respondent(s) – the person(s) or the organization that the complaint is about. The respondent is requested to provide a response in writing to the allegations set out in the complaint within 21 calendar days.

Mediation The Commission staff will work with both parties to try to settle the dispute if possible. Mediation may lead to a settlement if both parties accept the terms of the agreement. If mediation is unsuccessful, it will be referred for investigation where an officer will be assigned to investigate the complaint.

Investigation The investigation officer conducts an impartial investigation including interviewing witnesses and gathering documentary evidence. The findings of the investigation are shared verbally with both sides in a conciliation meeting where the officer will try to get the parties to come to a settlement. Both sides to the complaint may consult with a lawyer or representative at any stage of the complaint process

Conciliation Conciliation is a process of discussing a settlement with parties after the investigation has been completed If the parties come to a settlement, both will be required to sign a written agreement to close the matter If the complainant refuses to accept a reasonable offer during conciliation, the Commission may decide not to send the matter to the Human Rights Tribunal.

The Human Rights Tribunal The Human Rights Tribunal is independent from the Commission. The Tribunal hears evidence and decides whether or not discrimination occurred and what needs to be done to remedy the situation. The Commission is responsible for presenting evidence about the complaint to the Tribunal, The complainant has the right to make separate submissions.

The Human Rights Tribunal The Commission does not represent the complainant or the respondent at the Tribunal. The respondent and the complainant may each retain their own legal counsel. Any party to a complaint may seek to appeal a decision of the Tribunal to a higher court.