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Human Rights

Alzameli Legal Services is a Paralegal firm located in the city of Ottawa. We offer legal services for matters relating to the Human Rights Tribunal of Ontario. You may be able to make a claim against an employer, landlord, union representative, or service provider if they discriminate against you in a way that goes against Ontario’s human rights laws and you may file your claim with the Human Rights Tribunal of Ontario. You also reserve the option of suing them in court. Getting legal advice before you make a decision on how you will proceed with your case is recommended.

The Human Rights Code

The Human Rights Tribunal of Ontario (HRTO) is one of seven tribunals that form the SJTO. Anyone can file a claim for a hearing under the HRTO if they feel they have been discriminated against and/or harassed, there are exceptions to discrimination though.

The HRTO resolves claims of discrimination and harassment under the Human Rights Code, a law that protects people in Ontario from harassment and discrimination in the five following areas:

  • Employment
  • Accommodation (housing)
  • Goods, services and facilities
  • Contracts
  • Membership in trade and vocational associations.

In most cases this means that you can not be treated differently based on certain personal differences stated by the Human Rights Code, which include the following:

  • Race
  • Colour
  • Ancestry
  • Place of origin
  • Citizenship
  • Ethnic origin
  • Disability
  • Creed
  • Sex, including sexual harassment and pregnancy
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Family status
  • Marital status
  • Age
  • Receipt of public assistance (Applies only to claims about housing.)
  • Record of offences (Applies only to claims about employment and to criminal convictions for which you have received a pardon.)

The Code defines harassment as “a course of vexatious comment or conduct that is known, or ought reasonably to be known, to be unwelcome”. It includes insulting comments or actions targeted at you that are associated to one or more of the Code grounds.

The Code also prohibits:

  • Discrimination against a person for the sole reason that he or she has a relationship, association or dealing with someone who is identified by one of the grounds listed above.
  • Reprisal (a legal term meaning punishment or retaliation) or threats of reprisal, because a person has either asserted their rights, refused to show prejudice against someone else or was a participant in a Human Rights proceeding.
  • Sexual solicitation or advances by a person who is in a position to give or deny a benefit.
  • Reprisal or threats of reprisal for rejecting a sexual solicitation or advance.

Rules of Procedure

The HTRO’s Rules include the Social Justice Tribunals Ontario (SJTO) Common Rules that confirm that the rules must be perceived in a consistent manner that follows the Human Rights Code. For instance, parties can request flexibility in timelines or schedule to accommodate a disability. The Rules also state that participants involved in HRTO hearings and mediations are entitled to accommodation of needs related to the Code when requested.

Time Limits

It is very important that you file your application with the Tribunal within the one-year from which you were discriminated against. If you miss the deadline, you can still apply but you must provide an explanation as to why you are applying late. On rare occasions the Tribunal will accept a late application.

The Process

The Human Rights Tribunal of Ontario is the administrative tribunal in Ontario that hears and determines applications brought under the Ontario Human Rights Code. The Ontario Human Rights Code is the provincial statute that prohibits discrimination based on grounds such as race, sex or disability in certain social areas such as services, housing or employment.

Depending on whether your complaint falls under provincial or federal jurisdiction, your complaint will be filed with either the Human Rights Tribunal of Ontario or the Canadian Human Rights Commission. The Human Rights Tribunal of Ontario cannot consider claims that fall under the federal jurisdictions, that are before the courts or the subject of a court decision.

When filing a complaint, it may first go through mediation. If both parties agree to participate, an impartial mediator will attempt to bring the parties to an agreement that is mutually acceptable. If mediation fails or if both parties do not consent to mediation, the complain may proceed to a formal hearing. During the hearing an impartial adjudicator will hear both sides and come to a decision as to whether there was a breach of the applicable laws. If the adjudicator determines that there was a breach of the applicable laws, they will also decide what remedies (such as an apology, damages, specific performance such as reinstatement of employment or a promotion, etc.) need to be ordered.

If a complaint of discrimination is filed against you, contact a qualified paralegal or legal expert to rebuke it by showing your actions as the respondent were justified.

How We Can Help

At Alzameli Legal Services we have expert paralegal knowledge of Human Rights law and understand that grounds of discrimination differ according to jurisdiction. We can offer legal advice to individuals who have been discriminated against and legal representation at the HRTO.

Contact Us Now For Your FREE Consultation

We are a cost-effective paralegal firm located in Ottawa with the expertise in providing Human Rights counsel. We are happy to offer a free 30-minute consultation for clients located in Ottawa, Ontario.

How We Work With You

We will meet with you, review your case, and provide you with professional, legal advice. We will answer any questions you may have to ensure that you have a better understanding of your rights and obligations. If you have a Human Rights Claim, we can provide you with expert Human Rights legal representation.

Why you Should hire a Paralegal Instead of Trying to Do It Yourself

Human Rights is an area of law which requires a thorough understanding of the Ontario Human Rights Code, the practice and procedures of the Human Rights Tribunal of Ontario. In some cases, Human Rights Claims may be advanced to the Ontario Superior Court of Justice. Without formal legal training, it can be difficult to navigate this on your own. We can provide you with the legal advice you need in order to proceed in the right direction.

Call us at today to book your appointment. You may contact us by phone at (613) 680-4656, e-mail at contact@alzamelilegalservices.com or the contact page on this website.

For more information on the Human Rights Tribunal of Ontario:http://www.sjto.gov.on.ca/hrto/application-and-hearing-process/#step1

Any information provided on this website is not considered legal advice and is being presented in order to address the services we provide to the public. If you require legal advice regarding the information provided on this website, please book an appointment through our contact form online or by calling us at 613-680-4656.