Reform of the human rights process in Ontario, 2006

ARCH Disability Law Centre looks forward to changes to the human rights process that will improve access and effectively address the problems that persons with disabilities frequently experience with the current system. We have recently written the Attorney General of Ontario to express this view and to request that the Government engage in a full and meaningful consultation. ARCH is waiting for the details of the government's proposals before deciding what position we may adopt regarding the substance of its proposed reform. As ARCH believes that full and meaningful consultation is a necessary first step to truly effective reform, we are not supporting any particular proposal or position at this time.

Here is what we said in our letter:

By Fax and Email

March 15, 2006

The Honourable Michael Bryant
Attorney General
Ministry of the Attorney General
720 Bay Street, 11th Floor
Toronto, ONM5G 2K1

Dear Attorney General:

Re: Reform of the Ontario Human Rights Commission and Tribunal

We are writing to you about the Government's proposal for reform of Ontario's human rights system. ARCH Disability Law Centre looks forward to changes to the human rights process that will effectively address the problems that persons with disabilities frequently experience with the current system.

It is clear from the wide response to your announcement of intended reform that there is great public interest in this initiative and also that there are many different viewpoints that need to be canvassed. In light of this response, ARCH concurs with the view of several disability organizations that the Government should consult broadly with the public about its reform initiative before tabling its proposed legislation.

We therefore request that a fully accessible consultation be undertaken, with sufficient time to ensure that all accommodation requirements are met so that people with disabilities can participate fully in this discussion. This consultation should be province-wide, with special efforts made to reach persons living in rural as well as urban communities.

We also recommend that the consultation make a significant effort to reach many people who ordinarily do not participate in public debates. There are segments of the community who currently have virtually no access to human rights enforcement, and who have not participated at all in this debate, even though reform could have a positive impact on their situation. For example, there are individuals who are institutionalized or incarcerated who currently are unaware of the human rights that they have, how to go about enforcing them, or what protections are available should they do so. Other highly marginalized people also need to be brought into the discussion.

Finally, we recommend that this consultation be based on a detailed option document setting out various potential structural changes. The various options should be clearly set out so that these complex issues are understood by those without in-depth experience of the human rights system. This would give the public the opportunity to comment upon the different models of a comprehensive framework from a more informed position.

Yours truly,

Lana Frado
Chair

Phyllis Gordon,
Executive Director

The Honourable Dalton McGuinty, Premier of Ontario
Sandra Pupatello, Ministry of Community & Social Services
Barbara Hall, Chief Commissioner, Ontario Human Rights Commission
John Tory, Leader of the Opposition
Howard Hampton, Leader of the NDP