The Human Rights Tribunal of Ontario (HRTO) hears and decides complaints made
pursuant to the Code. The HRTO is an adjudicative body governed by the Statutory
Powers Procedures Act and its Rules of Practice. Members of the HRTO are
appointed by the Lieutenant Governor and have expertise in human rights laws and
issues, the adjudicative process and alternative adjudicative practices and procedures
(e.g. mediation).
If a person (student) believes that his or her rights under the Code have been
infringed, he or she may apply to the HRTO and allege that the respondent (school
board) has discriminated against him or her on the basis of disability.
Potential examples of the allegations of discrimination may include:
- Refusal of the school board to comply with the order and recommendations
of the Special Education Tribunal
- Failure of the school board to adequately fund an appropriate special
education program for a student
- Failure of the school board to monitor the delivery of an appropriate special
education program for the student
- Failure of the school board to provide an appropriate education assistant to
a student in a case of demonstrated need
- Failure of the school board to ensure a school building is accessible for a
student with a mobility impairment
Potential examples of remedies sought by the applicant may include:
- A declaration that the respondent has discriminated against the applicant
- An order compelling the respondent to cease discriminating against the
applicant
- An order requiring the respondent to identify and provide for the applicant’s
special needs in an appropriate manner.
The HRTO’s Rules of Practice apply to the proceedings. The following are the typical
steps in an HRTO proceeding
1. Application
The Applicant provides a detailed first person account of the material facts that form
the substance of the allegations of discrimination including the circumstances of what
happened, where and when it happened, the name of person(s) or organizations(s)
alleged to have violated the Applicant’s rights under the Ontario Human Rights Code.
The Applicant files the Application with the HRTO. If the HRTO determines that the
Application is completed appropriately, the HRTO sends the Application to the
Respondent.
2. Response
The Respondent must file their Response within 35 days after receiving the
Application from the HRTO. The Response must respond to each allegation set out in
the Application and must also include any additional facts and allegations on which
the Respondent relies.
3. Reply
The Applicant may reply to the Response within 14 days after receiving the
Response. The Reply must only deal with new matters raised in the Response.
4. Disclosure of Documents
Not later than 21 days after the HRTO sends a Confirmation of Hearing to the parties,
each party must deliver to every other party a list of all arguably relevant documents
in their possession that are not privileged and a copy of each document on the list.
Not later than 45 days before the scheduled hearing, each party must deliver to every
other party a list of documents which the party intends to rely and a copy of each
document listed or confirmation that each document has already been provided.
5. Integrated Mediation
Any time after the Application is filed, mediation assistance may be offered by the
HRTO or requested by a party. The parties and their representatives who participate
in the mediation must sign a confidentiality agreement. All matters disclosed during
mediation are confidential and may not be raised before the HRTO or in other
proceedings, except with the permission of the party. All settlements filed with the
HRTO must include a provision waiving the right to make oral submissions and a
provision requesting the HRTO dispose of the Application in accordance with the
settlement.
6. Case Assessment Direction
Closer to the scheduled hearing date, the HRTO may prepare and send the parties a
Case Assessment Direction where it considers it appropriate. The Case Assessment
Direction may address any matter that in the opinion of the HRTO will facilitate fair,
just and expeditious resolution of the Application.
7. Hearing
In the event that mediation fails, the HRTO typically schedules hearings 4 to 5 months after the scheduled mediation date. The hearing usually takes place within one year from the filing of the Application.
8. Order of the HRTO (Remedies)
If the HRTO determines that a party to the application has infringed a right under
Part I of the Code of another party, the HRTO may make one or more of the
following orders:
- an order directing the infringing party to pay monetary compensation to the
other party, including compensation for mental distress and loss of income
- an order directing the infringing party to pay restitution to the other party,
including restitution for mental distress
- an order directing any party to do anything the HRTO considers appropriate
to promote compliance with the Ontario Human Rights Code.
9. Decisions Final
A decision of the HRTO is final and not subject to appeal and shall not be altered or
set aside in an application for judicial review (to the Divisional Court) or in any other
proceeding unless the decision is patently unreasonable.
Further Reading
Ontario Human Rights Commission, Fact Sheets
- Accommodating Students with Disabilities: Principles
- Accommodating Students with Disabilities: Roles and Responsibilities
- Equal Access to Education for Students with Disabilities During Strikes
- Main Barriers to Education for Students with Disabilities
- Planning for the Accommodation Needs of Students with Disabilities
Ontario Human Rights Commission, Consultation Reports
- The Opportunity to Succeed: Achieving barrier-free education for students
with disabilities
- Education and Disability: Human rights issues in Ontario’s education system
- Ontario Human Rights Commission, Policy and Guidelines on Disability and the Duty to Accommodate
www.ohrc.on.ca/en/issues/disability