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Since June 30, 2008, the OHRC ended its role of accepting individual human rights complaints. All new human rights complaints – or applications – were filed directly with the Human Rights Tribunal of Ontario. The following numbers chart the OHRC’s work on cases during this transition phase:
- The OHRC began the fiscal year with 4,199 cases
- 702 new complaints were received (between April 1, 2008 and June 30, 2008)
- 2,090 complaints were completed at the OHRC (between April 1, 2008 and December 31, 2008)
- An additional 801 cases were closed as a result of people converting their complaints with the OHRC into applications at the Human Rights Tribunal of Ontario as outlined in sections 53(3) and 53(5) of the Code.
- Of the 2,090 cases completed at the Commission:
- 46 cases or 2.2 % were dismissed based on preliminary objections (s.34 of the Code)
- 974 or 46.6% of cases were mediated or settled by the OHRC or resolved between the parties
- 665 or 31.8% of cases were withdrawn by the complainant for various reasons
- 405 cases or 19.4% received an OHRC decision based on the findings of its investigation (s.36 of the Code)
Table 1: New complaints filed by social area and grounds cited
(Total = 702)
|
Accommodation |
5 |
3 |
2 |
1 |
1 |
3 |
13 |
11 |
5 |
1 |
11 |
7 |
15 |
0 |
6 |
2 |
2 |
88 |
33 |
6.3% |
|
Contracts |
0 |
0 |
0 |
0 |
0 |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
3 |
3 |
0.2% |
|
Employment |
52 |
21 |
1 |
3 |
1 |
18 |
273 |
67 |
34 |
13 |
46 |
153 |
2 |
73 |
116 |
15 |
888 |
475 |
63.5% |
|
|
Services |
21 |
13 |
4 |
1 |
8 |
14 |
90 |
36 |
19 |
5 |
24 |
2 |
104 |
6 |
12 |
21 |
2 |
382 |
169 |
27.3% |
|
Vocational Associations |
3 |
4 |
0 |
0 |
0 |
0 |
11 |
4 |
0 |
0 |
4 |
0 |
5 |
0 |
1 |
4 |
1 |
37 |
22 |
2.6% |
|
Total Grounds[1] |
81 |
41 |
7 |
5 |
10 |
36 |
388 |
118 |
58 |
19 |
85 |
9 |
277 |
8 |
92 |
143 |
21 |
1398 |
702 |
100% |
|
Percent (%) of |
5.8% |
2.9% |
0.5% |
0.4% |
0.7% |
2.6% |
27.8% |
8.4% |
4.1% |
1.4% |
6.1% |
0.6% |
19.8% |
0.6% |
6.6% |
10.2% |
1.5% |
100% |
||
|
Percent (%) of |
11.5% |
5.8% |
1.0% |
0.7% |
1.4% |
5.1% |
55.3% |
16.8% |
8.3% |
2.7% |
12.1% |
1.3% |
39.5% |
1.1% |
13.1% |
20.4% |
3.0% |
|||
|
Age |
Ancestry |
Association |
Breach of Settlement |
Citizenship |
Creed |
Disability |
Ethnic Origin |
Family Status |
Marital Status |
Place of Origin |
Public Assistance |
Race and Colour |
Record of Offences |
Reprisal |
Sex[2] |
Sexual Orientation |
Sum of grounds |
Total Complaints |
Percent (%) of all Complaints Filed |
Table 2: Monetary damages in settlements by ground
|
|
Mediated |
Conciliated |
Total Cases Settled |
||||||
|
Ground |
Cases |
Monetary Damages |
Average |
Cases |
Monetary Damages |
Average |
Cases |
Monetary Damages |
Average |
|
Age |
23 |
$129,950.00 |
$5,650.00 |
29 |
$315,221.61 |
$10,869.71 |
52 |
$445,171.61 |
$8,560.99 |
|
Ancestry |
20 |
$272,660.00 |
$13,633.00 |
23 |
$197,250.00 |
$8,576.09 |
43 |
$469,910.00 |
$10,928.14 |
|
Association |
5 |
$86,337.37 |
$17,267.47 |
1 |
$35,000.00 |
$35,000.00 |
6 |
$121,337.37 |
$20,222.90 |
|
Breach of Settlement |
1 |
$2,500.00 |
$2,500.00 |
3 |
$52,700.00 |
$17,566.67 |
4 |
$55,200.00 |
$13,800.00 |
|
Citizenship |
1 |
$3,000.00 |
$3,000.00 |
1 |
$75,200.00 |
$75,200.00 |
2 |
$78,200.00 |
$39,100.00 |
|
Creed |
14 |
$124,510.00 |
$8,893.57 |
23 |
$108,476.56 |
$4,716.37 |
37 |
$232,986.56 |
$6,296.93 |
|
Disability |
226 |
$1,498,503.96 |
$6,630.55 |
202 |
$1,742,046.57 |
$8,623.99 |
428 |
$3,240,550.53 |
$7,571.38 |
|
Ethnic Origin |
42 |
$419,710.00 |
$9,993.10 |
55 |
$464,739.80 |
$8,449.81 |
97 |
$884,449.80 |
$9,118.04 |
|
Family Status |
29 |
$157,034.19 |
$5,414.97 |
16 |
$83,928.00 |
$5,245.50 |
45 |
$240,962.19 |
$5,354.72 |
|
Marital Status |
8 |
$73,691.51 |
$9,211.44 |
11 |
$81,470.00 |
$7,406.36 |
19 |
$155,161.51 |
$8,166.40 |
|
Place of Origin |
34 |
$347,160.00 |
$10,210.59 |
43 |
$349,204.54 |
$8,121.04 |
77 |
$696,364.54 |
$9,043.70 |
|
Public Assistance |
1 |
$2,500.00 |
$2,500.00 |
0 |
$0.00 |
$0.00 |
1 |
$2,500.00 |
$2,500.00 |
|
Race & Colour |
111 |
$992,911.72 |
$8,945.15 |
131 |
$916,718.48 |
$6,997.85 |
242 |
$1,909,630.20 |
$7,891.03 |
|
Record of Offences |
1 |
$7,500.00 |
$7,500.00 |
1 |
$2,408.00 |
$2,408.00 |
2 |
$9,908.00 |
$4,954.00 |
|
Reprisal |
52 |
$589,842.71 |
$11,343.13 |
41 |
$472,320.00 |
$11,520.00 |
93 |
$1,062,162.71 |
$11,421.10 |
|
Sex[3] |
97 |
$738,705.44 |
$7,615.52 |
119 |
$1,227,183.97 |
$10,312.47 |
216 |
$1,965,889.41 |
$9,101.34 |
|
Sexual Harassment |
0 |
$0.00 |
$0.00 |
6 |
$103,858.00 |
$17,309.67 |
6 |
$103,858.00 |
$17,309.67 |
|
Sexual Orientation |
17 |
$148,145.86 |
$8,714.46 |
8 |
$28,800.00 |
$3,600.00 |
25 |
$176,945.86 |
$7,077.83 |
|
Total Cases |
682 |
$5,594,662.76 |
$8,203.32 |
713 |
$6,256,525.53 |
$8,774.93 |
1395 |
$11,851,188.29 |
$8,495.48 |
Table 3: Cases completed or referred, by disposition and grounds
(Total = 2,090)
|
Dismissed on the merits (s. 36)[4] |
19 |
27 |
5 |
1 |
6 |
20 |
89 |
49 |
10 |
10 |
30 |
3 |
135 |
3 |
21 |
48 |
7 |
7 |
490 |
204 |
9.8% |
|
Dismissed on preliminary objections (s. 34) |
4 |
8 |
0 |
3 |
2 |
6 |
20 |
12 |
4 |
1 |
6 |
21 |
2 |
7 |
11 |
0 |
2 |
109 |
46 |
2.2% |
|
|
Referred to Human Rights Tribunal |
6 |
8 |
0 |
0 |
1 |
10 |
133 |
16 |
10 |
4 |
13 |
38 |
46 |
0 |
20 |
57 |
4 |
5 |
371 |
201 |
9.6% |
|
Resolved |
12 |
14 |
5 |
1 |
1 |
3 |
93 |
27 |
10 |
7 |
21 |
4 |
58 |
0 |
23 |
42 |
3 |
8 |
332 |
172 |
8.2% |
|
Settled |
61 |
46 |
5 |
4 |
3 |
44 |
489 |
108 |
51 |
23 |
86 |
1 |
258 |
2 |
89 |
226 |
7 |
27 |
1,530 |
802 |
38.4% |
|
Withdrawn |
64 |
25 |
11 |
4 |
9 |
27 |
368 |
87 |
49 |
23 |
65 |
13 |
180 |
4 |
81 |
176 |
5 |
27 |
1,218 |
665 |
31.8% |
|
Total[5] |
166 |
128 |
26 |
13 |
22 |
110 |
1192 |
299 |
134 |
68 |
221 |
59 |
698 |
11 |
241 |
560 |
26 |
76 |
4050 |
2090 |
100.0% |
|
Percentage (%) |
4.1% |
3.2% |
0.6% |
0.3% |
0.5% |
2.7% |
29.4% |
7.4% |
3.3% |
1.7% |
5.5% |
1.5% |
17.2% |
0.3% |
6.0% |
13.8% |
0.6% |
1.9% |
100% |
||
|
Age |
Ancestry |
Association |
Breach of Settlement |
Citizenship |
Creed |
Disability |
Ethnic Origin |
Family Status |
Marital Status |
Place of Origin |
Public Assistance |
Race & Colour |
Record of Offences |
Reprisal |
Sex[6] |
Sexual Harassment |
Sexual Orientation |
Sum of grounds |
Total Complaints |
Percentage of all Complaints (%) |
Table 4: Cases completed or referred, by disposition and social area
(Total = 2,090)
|
Withdrawn by the Complainant [7] |
30 |
6 |
513 |
100 |
16 |
665 |
31.8% |
|
Settled by the Commission |
29 |
2 |
672 |
94 |
5 |
802 |
38.4% |
|
Resolved between Parties |
6 |
1 |
134 |
26 |
5 |
172 |
8.2% |
|
Dismissed based on Preliminary Objections (s.34)[8] |
2 |
2 |
26 |
13 |
3 |
46 |
2.2% |
|
Referred to Human Rights Tribunal (s. 36) |
7 |
0 |
68 |
116 |
10 |
201 |
9.6% |
|
Dismissed on the merits (s. 36)[9] |
16 |
0 |
126 |
57 |
5 |
204 |
9.8% |
Total |
90 |
11 |
1,539 |
406 |
44 |
2,090 |
100% |
Percentage (%) |
4.3% |
0.5% |
73.6% |
19.4% |
2.1% |
100% |
|
|
Accommodation |
Contract |
Employment |
Services |
Vocational Associations |
Total of Complaints |
Percentage of all complaints (%) |
Chart: Cases completed or referred by the Commission 2008-2009
(Total = 2,090)
Decisions by the Commission (21.6%)
- Dismissed based on preliminary objections [section 34][10] - 2.2%
- Dismissed based on insufficient evidence [section 36(2)][11] - 9.8%
- Referred to Tribunal [section 36(1)] - 9.6%
Complaints settled resolved by parties or withdrawn (78.4%)
- Settled by the Commission - 38.4%
- Resolved by parties - 8.2%
- Withdrawn - 31.8%
[1] Because complaints can involve multiple grounds, the sum by grounds exceeds the total for all complaints filed, and the corresponding percentages of total complaints exceed 100%.
[2] “Sex” includes pregnancy, breastfeeding, and gender identity and sexual solicitation/harassment.
[3] “Sex” includes pregnancy, breastfeeding and gender identity.
[4]Complaints dismissed under section 36 of the Code include cases where the evidence did not warrant a hearing, or the procedure was not appropriate. This includes cases that the Commission dismissed because the complainant did not participate in the Commission’s investigation or the Commission was unable to contact the complainant.
[5]Because complaints can involve multiple grounds, the sum by grounds exceeds the total for all complaints filed.
[6]“Sex” includes pregnancy, breastfeeding and gender identity.
[7]Some as a result of a term of settlement.
[8] These cases were dismissed after a Commission decision based on written submissions.
[9] Includes cases where the evidence did not warrant a hearing, the procedure was not appropriate, or those where the complainant did not participate in the Commission’s investigation or the Commission was unable to contact the complainant.
[10]These cases were dismissed after a Commission decision based on written submissions.
[11] Complaints dismissed under section 36(2) of the Code include cases where the evidence did not warrant a hearing, or the procedure was not appropriate. Also included cases where the complainant did not participate in the Commission’s investigation or the Commission was unable to contact the complainant