On May 29, 2019, the Administrative Law; Constitutional, Civil Liberties and Human Rights Law; and Labour & Employment Law sections joined together for The Annual Update on Human Rights. The first presentation developed into a heated debate regarding changes within the newly reformed Human Rights Tribunal of Ontario (HRTO). The panelists were Linda Lamoureux, executive chair of Tribunals Ontario, and Jonathan Batty, Human Rights Tribunal.
The panelists made announcements, long-awaited by many in the legal community, amid growing concerns of unreasonable delays, a stall on appointments of new adjudicators, and the creation of Tribunals Ontario, amalgamating 19 tribunals under one umbrella, including the HRTO – a significant change in how the Tribunal is structured. The panelists announced three changes, discussed below, aimed at reducing delay and increasing efficiency. However, some attendees voiced strong concerns regarding how these changes, as well as the delays, impact all parties, particularly complainants.
Background
While the HRTO posted for more adjudicators in the fall of 2018, according to their website nine vacancies remain, including the Associate Chair position. The new Tribunals Ontario now includes the Environment and Land Tribunals Ontario, Safety, Licensing Appeals and Standards Tribunals Ontario and Social Justice Tribunals Ontario. The HRTO reported a 25 per cent increase in its caseload last fall. Ms. Lamoureux stated that the focus for this newly formed mega tribunal is to ensure continuity of current services as well as making significant changes to how they conduct their business.
Jonathan Batty, the interim associate chair, has been with the HRTO for only nine weeks. In that time, he mentioned that he has become familiar with the challenges faced and sees how much commitment the staff has to serving the public. Mr. Batty recognized this change as an opportunity to create things differently, building on the skills that currently exist throughout the organization.
On the other hand, many lawyers in attendance expressed concerns about how the changes will impact their clients, as well as speaking to concerns regarding delay, which impact all parties involved. In addition to having adverse impacts on claimants and respondents, they feared it could impact the public’s faith and confidence in the HRTO’s ability to effectively respond to human rights abuses.
With this backdrop, the tribunal officials announced the following three changes: A ‘mediation blitz’ will be introduced; changes are to be made to the Forms 1 and 2; and new early resolution case conferences will begin. These are explored in detail below.
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