Bill 107 changed the Ontario Human Rights Code on June 30, 2008.  Unfortunately most people who require human rights intervention do not know much, if anything about the human rights code. This quick article will address human rights remedies as well as a few other issues that applicants should be aware of.

Since 2008, Ontarians apply directly to the Human Rights Tribunal, not the Ontario Human Rights Commission, which was previously the “gatekeeper” of the Tribunal. The Commission now is more focussed on educating the public and the promotion of issues under the Human Rights Code.

Remedial Remedies Under The Human Rights Code.

Before June 2008, the Human Rights Tribunal, found that an individual that has been discriminated against could order restitution both in monetary and non-monetary form. The remedied compensation for mental anguish only was capped at $10,000.00. Now, under the new legislation, the Human Rights Tribunal can still order both monetary and non-monetary compensation, however the $10,000.00 cap that existed under the previous Human Rights Code has been eliminated. This obviously presents a better damages option than the Employment Standards Act which contains very limited remedy. In addition, the Tribunal is now empowered to award a monetary compensation for dignity, feelings and self respect.  This can be found under Section 46.1 of the Human Rights Code which can be found here.

In addition, the old Human Rights Code was to prove that a violation was wilful or reckless.  This provision has been removed. Therefore the ability to access compensation for injury to dignity, feelings and self respect, coupled with the removal of the requirement that the violation of the code was wilful and reckless will make it much easier for discriminated applicants whose rights were infringed under the code to obtain monetary compensation.

Civil Jurisdiction

Prior to June 2008, the Human Rights Code did not provide any civil remedies for discrimination or harassment. It appears for those who don’t know what civil remedies mean, it means court proceedings where compensation can be awarded. Now, the courts are empowered under Section 46, to award remedies for human rights violations, both monetary and non-monetary. Important to note though that you simply cannot sue based solely on an infringement of the Human Rights Code.  The law states that human rights claims must be coupled with another cause of action. In short, if you have been discriminated against you cannot sue solely based on a Human Rights Code infringement. The claim in court and remedy for damages must be coupled to another action such as a wrongful dismissal action, or any other action that can be coupled with grounds for discrimination.

The Human Rights Act is prevented from dealing with any other matter covered in civil proceedings. This means if you believe your rights have been infringed you may not make a human rights application if you have a civil proceeding, (a court proceeding), that has been commenced in court in which you are seeking damages with what was discussed above.

In short, the law does not allow you to double dip.