Example - Human Rights Case

Case Citation Formats

Criminal Law: R v. Jones prosecution v. defense

Civil Law: Smith v. Jones plaintiff v. defendant

Human Rights: Jones v. Bob’s Burger Palace complainant v. respondent

Administering Human Rights Legislation

Human Rights CommissionsHuman Rights Commissions

Each province has an appointed commission to administer and enforce human rights codes

Example:

Ontario Human Rights Commission

Most disputes are settled by commission; only 4 percent go to a tribunal

Filing a Complaint

Complainant:Complainant:The person making an The person making an

allegation of allegation of discrimination, such as discrimination, such as employment employment discriminationdiscrimination

It is up to the It is up to the complainant to prove his complainant to prove his or her caseor her case

A description of events A description of events must be provided by the must be provided by the complainantcomplainant

Steps:To file a complaint follow

the procedures outlined in the provincial human rights code

A lawyer is not needed to file a complaint

Given a package of information that guides you in filing your complaint and how to fill out your complaint form – download form from web

Filing a Complaint

Prima FaciePrima FacieLegally Legally

convincing first convincing first impression impression unless unless disproved by disproved by contrary contrary evidenceevidence

GravamanGravamanThe most The most

serious part of serious part of an accusationan accusation

Proving Prima FacieProving Prima Facie(using employment discrimination as an example)

1)1) You were qualified for the particular You were qualified for the particular employmentemployment

2)2) You were not hiredYou were not hired

3)3) Someone no better qualified was Someone no better qualified was given the position who lacked the given the position who lacked the feature that represents the feature that represents the gravamangravaman (significant part) of the (significant part) of the complaint (race, colour, age, etc)complaint (race, colour, age, etc)

Dismissing a Complaint

RespondentRespondent

The person or organization The person or organization that the complainant alleges that the complainant alleges committed discriminationcommitted discrimination

If determined there is a If determined there is a case the respondent will be case the respondent will be asked to formally respond to asked to formally respond to the allegationsthe allegations

A complaint could be A complaint could be dismissed for a variety of dismissed for a variety of reasons:reasons:

1)1)There could be legislation There could be legislation in place in the province of the in place in the province of the complaint that better deals complaint that better deals with the issuewith the issue

2)2)Complaint was trivial, Complaint was trivial, frivolous, made to cause frivolous, made to cause annoyance, or made in bad annoyance, or made in bad faithfaith

3)3)Not filed in an appropriate Not filed in an appropriate amount of timeamount of time

Role of the Commission

MediationMediationAn intervention An intervention

between between conflicting parties conflicting parties that promotes that promotes compromise or compromise or settlement of the settlement of the dispute prior to or dispute prior to or in place of a in place of a formal formal investigation that investigation that is assisted by an is assisted by an officer from the officer from the Human Rights Human Rights CommissionCommission

If mediation is refused or a settlement If mediation is refused or a settlement cannot be reached a formal cannot be reached a formal investigation occursinvestigation occurs

A formal investigation involves A formal investigation involves gathering evidencegathering evidence

Inspecting documents, records, and Inspecting documents, records, and correspondence between the partiescorrespondence between the parties

Examining facilitiesExamining facilities

Interviewing witnesses Interviewing witnesses

After the investigation a report to the After the investigation a report to the Commission is written that details the Commission is written that details the result of the investigationresult of the investigation

Role of the Commission

ConciliationConciliation Bringing the Bringing the

parties to a parties to a resolution of resolution of their their differences differences using using independent independent meetings with meetings with all parties all parties involvedinvolved

Conciliator meets with parties individually in an attempt to resolve differences

If no resolution is possible, the case is referred to the commissioners of the human rights commission

Commissioners will either dismiss the case or go to tribunal, which is like a trial

Evidence is presented and witnesses testify under oath and are cross examined; lawyers are now used

The decision can be appealed and sent for judicial review

Remedies

A number of A number of remedies are used remedies are used when it is proven when it is proven discrimination has discrimination has occurredoccurred

An attempt is made An attempt is made to put the to put the complainant in the complainant in the same position they same position they would have been in would have been in if the if the discrimination had discrimination had not occurrednot occurred

Depends on Depends on circumstances of circumstances of the casethe case

Possible RemediesPossible Remedies An order to the offender to stop the practice

Issue letter of apology

Restitution for mental anguish and losses suffered

Employment reinstated or promotion granted

Develop program to relieve or assist disadvantaged to achieve equal opportunity in the organization

Provide human rights and anti-discrimination training for all employees

Develop policies to eliminate discrimination and harassment

Human Rights Complaint Process

See Page 116 of Law Text book for Complaint Process