The following recommendations have been excerpted from the Ontario Human Rights Code Review Task Force's June 26, 1992 report on human rights reform: Achieving Equality. Including its index and appendix, the entire report is over 250 pages long and consists on 88 broad recommendations designed to give it virtually absolute powers to prosecute employers, landlords, and service providers with charges of "discrimination," which it also gets to define. Those interested in obtaining a full copy of the report for $12 + G.S.T. post-paid in Ontario should write to
(8) "The new Commission, 'Human Rights Ontario', should:
(18) "The Task Force recommends that the Ontario government
negotiate with the federal government to make a Criminal Code
offence malicious acts of discrimination against persons the Human Rights Code is designed to protect..."
(28) "The new enforcement system requires a permanent
expert Tribunal."
(29) "The Task Force recommends that a permanent, full-time
Equality Rights Tribunal be established to deal with human rights,
pay equity and employment equity cases."
(35) "The Tribunal should make use, where appropriate, of
modern technology including computers. video-conferencing and
teleconferencing in order to maximize accessibility and minimize
cost."
(37) "The Tribunal must have the power to make rules and
procedures..."
(38) "The Tribunal should be required to base its decision on
the real merits and justice of the case. It will not be bound to follow
strict legal precedent but shall give a full opportunity for a hearing."
(38) "The Tribunal Officer or other authorized person should
have the power (to):
(38) "Failure to comply with this requirement should have
consequences."
(38) "The Tribunal adjudicator should have the power to
compel evidence..."
(45) "The Tribunal should have the exclusive jurisdiction to
exercise its power to determine all questions of fact or law that
arise in any matter before it."
(46) "The Tribunal should be able to accept any evidence which
it believes is reliable and relevant whether it is allowed as
evidence in a court or not."
(48) "The Code should ensure that, where a business is sold,
the Tribunal have the discretion to add successor businesses as
necessary parties and to make any necessary order against
them."
(49) "The Tribunal should also have the power to amend
claims so that the case is heard on its merits."
(52) "In light of informality of the process, and the elimination
of a full appeal right, there should be no requirement to record
evidence."
(54) "Compensation for mental anguish should be provided to victims of discrimination."
(55) "The $10,000 limit for an award for mental anguish
should be removed, allowing the amount of the award to depend on
the facts of the case."
(56) "The Code should specify that among the remedies that
may be ordered are accommodation equity and service equity
plans, audit plans, and employment equity plans for those
groups not covered by the Employment Equity Act."
(57) "The Tribunal should have the power to reconsider any
decision and to vary, revoke, or substitute a new decision."
(57) "Apart from the power to reconsider, the Tribunal's
decision should be final and protected from review from the
courts except where the decision is patently unreasonable."
(60) "The Code should be amended to increase fines for
obstruction of the Tribunal process or failure to comply with a
Tribunal order to a level that is consistent with environmental
protection legislation, that is, a minimum fine of $2,000 and a
maximum fine of $200,000."
(60) "The money collected by the Treasurer of Ontario from the
fines imposed under this section should be paid into an Enforcement Fund
that could be called upon when extra funds are needed
for the new human rights enforcement system."
(63) "Each year the Legislature should have a day of debate
on equality rights..."
(67) "A public body against whom a human rights claim has
been filed should be required to make public how much money it is
spending on the case."
(73/74) "Landlords (and service providers) should be required to be informed about their human rights responsibilities
relating to providing accommodation (or to the provision of their
service). Human Rights Ontario would assist in providing information kits for which a fee would be charged."
(77) "Effective human rights material should be developed and
included in the regular school curriculum at every level from the
earliest years."
(77) "The Ontario Ministry of Education should... require it to
be taught throughout the Ontario school system."
(79) "Teacher training courses should include training in
human rights as a requirement for certification as a teacher."
(80) "School boards, colleges,
and universities should be
required to implement a clear, effective plan to overcome
discriminatory employment practices so that teachers and
administrators at all levels reflect the full community."
(88) "No later than the Spring Session, 1993, the Government should work with the Leaders of the Opposition to ensure
that the bill is passed."
(88) "By SEPTEMBER 30, 1993 the now enforcement
system should be reasonably operational."
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last updated on April 30, 2002