Being treated differently, excluded, or harassed because of who you are is not something you should have to accept. Ontario's Human Rights Code exists to protect you, and there is a formal process to hold people and organizations accountable.
Discrimination and harassment based on a protected ground, such as your race, disability, gender, religion, or age, is a violation of the Ontario Human Rights Code. You have the right to file a complaint, and you do not have to navigate that process alone.
The Ontario Human Rights Code protects people from discrimination and harassment based on specific protected grounds in specific social areas. It is not a general fairness law. It applies where a protected characteristic was a factor in how you were treated.
Protected grounds include: race, colour, ancestry, place of origin, ethnic origin, citizenship, creed (religion), sex, pregnancy, gender identity and expression, sexual orientation, age, marital status, family status, disability, and record of offences.
Social areas where the Code applies: employment, housing and accommodation, services and facilities, contracts, and membership in vocational associations.
You do not need to prove intent
One of the most important things to understand about human rights law is that you do not need to prove the other person intended to discriminate against you. What matters is whether your protected characteristic was a factor in how you were treated, not whether the person meant to harm you.
File your application
You file an Application (Form 1) with the HRTO describing what happened, when, where, and what protected ground was involved. This must be done within one year of the last incident.
Respondent files a response
The person or organization you filed against submits a formal response. You then have the opportunity to reply.
Mediation (optional but common)
Most cases go through a mediation process where both parties try to reach a resolution with the help of a neutral mediator. Many cases settle at this stage.
Hearing (if needed)
If mediation does not resolve the matter, a hearing is scheduled. Both sides present evidence and argument, and the Tribunal issues a decision.
Human rights matters can be emotionally demanding. Having someone who understands the process and can guide you through it means you are not carrying this alone.
The Ontario Human Rights Code is a provincial law that prohibits discrimination and harassment based on protected grounds in areas like employment, housing, and services. Protected grounds include race, disability, sex, gender identity, age, religion, family status, and several others.
The Human Rights Tribunal of Ontario (HRTO) is the body that hears human rights applications in Ontario. It is an administrative tribunal, not a court. Applications are typically resolved through mediation or a hearing process.
Generally, you must file your HRTO application within one year of the last incident of discrimination or harassment. In some cases, a late application may be accepted if there is a reasonable explanation, but it is always better to act within the deadline.
The HRTO can order remedies including monetary compensation for injury to dignity, feelings, and self-respect, as well as for lost wages or other financial losses. It can also order the respondent to change policies or practices. The Tribunal does not impose punitive damages.
Yes. Reporting internally does not prevent you from filing with the HRTO. In fact, having documented your internal complaint can sometimes support your application. The HRTO considers your application independently of what happened (or did not happen) internally.
Filing an HRTO application is free. Legal representation is not required, but having a representative familiar with the process can significantly affect how well your case is presented.
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