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Appendix 2: Consultation Questions

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Questions:

1. Making reference to the principles outlined in the Discussion Paper and given the state of the current human rights system in Ontario, do you have concern that the fulfillment of any of the following international human rights effectiveness factors and domestic administrative law requirements is not being maximized:

Please identify only those areas where you have concerns.

  • Independence (state institutions are capable of acting independently of power brokers in society, particularly government)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • Defined Jurisdiction (state institutions are endowed with clearly defined mandates that in totality cover off all relevant internationally recognized protected rights and functions necessary for an effective human rights system)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • Cooperation (state institutions are able and willing to establish and strengthen cooperative relations with other actors in the human rights system)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • Adequate Power (state institutions are vested with adequate power to accomplish all mandated objectives and functions)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • Accessibility (state institutions are accessible to individuals and groups whose interests they are established to protect and promote)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • Operational Efficiency (state institutions are efficient and effective in operation)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • Accountability (state institutions are accountable to all stakeholders)
    - What are your concerns?
    - What reforms do you feel would best address these concerns?
  • The administrative duty of fairness, balancing with the demands of procedural simplicity
    - What are your concerns?
    - What reforms do you feel would best address these concerns?

2. Below is a list of potential actors in a human rights system. Please identify the specific actors with regard to whom you wish to make comment.  Please respond to the questions raised bearing in mind the contents of the Discussion Paper.

  • State human right institution(s)
    - What should be the roles, responsibilities, and structures of state human rights institution(s) in Ontario?
    - Are there reforms to the role, responsibilities, and structures of the OHRC and the Ontario Human Rights Tribunal that you feel would be beneficial for the Ontario’s human rights system?
    - If proposing change, what would be strengths and weaknesses of the proposed changes?
  • The Provincial Government­
    - Are there reforms to the role of the Government and the Ministry of Attorney General (as the current Ministry responsible for Provincial human rights institutions) that you feel would be beneficial for Ontario’s human rights system?
  • Administrative Tribunals that participate in Ontario’s human rights system  (For example, the Special Education Tribunal, Workplace Safety and Insurance Board, the Ontario Labour Relations Board, the Ontario Rental Housing Tribunal, labour arbitrators, etc.)
    - What should be the roles of these types of bodies in the human rights system in Ontario?
    - Are there reforms to the roles of these types of bodies that would benefit the human rights system in the Province?
  • Other Government bodies that participate in Ontario’s human rights system (For example, the Accessibility Directorate, the Women’s Directorate, the Seniors’ Secretariat)
    - What should be the roles of these types of bodies in the human rights system in Ontario?
    - Are there reforms to the roles of these bodies that would benefit the human rights system in the Province and what would they be?
  • Non-Government Organizations that participate in Ontario’s human rights system (For example, legal clinics, advocacy groups, private corporations)
    - What should be the roles of these bodies in the human rights system in Ontario?
    - Are there reforms to the roles of these organizations that would benefit the human rights system in the Province and what would they be?
  • Governments of other jurisdictions (such as municipal and federal governments, and the United Nations)
    - What interaction and coordination should happen and would benefit the human rights system in the Province?
    - How do we enhance the interaction and coordination between these participants to improve the human rights system in the province? 

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