Law Times

PAGE 2 NEWS Costs remain a key issue in review of system Human Rights Code at 50 B BY KENDYL SEBESTA Law Times romley Armstrong knows what it' rights activist faced a large meat cleaver in a Dresden, Ont., café in his battle for the right to drink tea with white patrons. He also sat with countless Ontarians in protests against racial discrimi- nation during the 1950s. But last week' face discrimination. The civil and human across the province for the 50th anniversary of the Ontario Hu- man Rights Code were a par- ticularly bittersweet moment for the activist. "It took 54 years before we were s celebrations able to get a cup of tea in Dresden," says Armstrong. "That' long time for a country like Can- ada where people think we never do things like this. We've made some great improvements but we s a very s like to still have a ways to go, and I hope those people who are still out there and are racists in our communi- ties will one day know that racism and discrimination are no longer tolerated in this country. Code, which marked its 50th an- niversary on June 15, has made a significant impact on Canada' The Ontario Human Rights " legal landscape since its incep- tion in 1962 thanks in part to the efforts of activists like Arm- strong who played an integral role in creating Canada' s anti-discrimination laws. Since then, the code has been s first a major player in extending the same rights to other marginal- ized people in Ontario. Most re- cently, the legislature amended the code on June 13 to include gender identity and expression for the first time. But while human rights law- yers and legal experts say there has been significant progress over the years, they note the province may still have a long way to go in its battle to reflect its ever-changing makeup. "There cer- tainly seem to be tensions between wanting to make sure people have the most acces- sible form of the Human Rights Code available and what tools are currently in place to help those individuals," says Andrew Pinto, who' discrimination complaints and those who believe the system needs to be based in self- help and should not require the help of lawyers." Former at- The issue of costs is a key theme in Andrew Pinto's ongoing review of the human rights system. preparing a review of the Ontario human rights system for the attor- ney general. "There are some people who s currently appointed Pinto last summer to conduct a review of Ontario' torney general Chris Bentley tem. He's to release a final report to Bentley's successor, John Ger- man rights sys- s hu- seem to believe people should be provided with a great deal of assis- tance when it comes to accessing legal services in human rights and cuss the results of his work so far, he notes a key theme is the retsen, some time in August. The report will look at current human rights legislation, rules, policies, and tribunal decisions to assess what, if any, changes the government should make. While Pinto says he can't dis- costs may potentially skew people' issue of costs. "The issue of costs can arguably create an access-to- justice question," says Pinto. "Some people say a lack of their claims because the costs of legal fees would outstrip any potential cost awards. But it may be a question for the system as a whole and go much deeper than that. It raises the question: when we design a system, is it fair to all the participants? That' thing we have to consider." s decisions to prosecute s some- lawyer at Cavalluzzo Hayes Shil- ton McIntyre & Cornish LLP, also has concerns about the financial aspects. She says while Ontario' Mary Cornish, a human rights new human rights system has put it on the right path to more ef- fective enforcement, the issue of funding is still an important factor in analyzing its effectiveness over the past 50 years. "The effectiveness of the new s structure is being hampered by insufficient provincial funding, says Cornish. " " Human Rights Legal Support Centre, the commission, and the tribunal, need increased fund- ing to meet the demands put on them and to fulfil the promise that Ontarians should be able to work, obtain housing and ser- vices without discrimination." Ontario made several changes All three institutions, the to the system in 2008. As part of the reforms, applicants can now seek representation from the Hu- man Rights Legal Support Centre rather than the Ontario Human Rights Commission. However, some observers have pointed to significant back- logs since the changes that can leave applicants in a bind. But Barbara Hall, chief com- missioner of the commission, says that as the system becomes more accessible, both applicants and respondents will likely be- gin to feel they can advance their positions more quickly and eas- ily. Still, she notes there' GO DEEPER for improvement. "I think if one looks at the vast GET THE FULL PICTURE OF THE LAW WITH WESTLAW® CANADA DEEPER CONTENT Go beyond case law and legislation to get the true insight you need. Whether you're looking for primary law, legal analysis or litgation materials, Westlaw Canada is the online resource with the coverage that goes beyond case law and legislation to deliver the true insight you need. Get Better Results Faster with Westlaw Canada Call 1-866-609-5811 or visit www.westlawcanada.com June 25, 2012 • Law Times s room majority of cases, applicants are much more vulnerable. But as the system becomes more acces- sible, I think they'll begin to feel they are able to advance their positions more quickly. Overall, the law needs to be looked at in an exponential way that ports the rights and dignity of everyone involved. sup- commission and the tribunal have made improvements. "I think they have become But Gerretsen says both the " much more accessible over the past five years to different types of people, more systemic issues, but I think now they are looking at these is- sues much more proactively to ensure that justice is not only ac- cessible but that people can ac- cess it in a timely fashion." LT "In the past, they've looked at " he says. www.lawtimesnews.com

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