LSO Barrister Public Law — Questions and Answers
Question 1: What is the role of the Ontario Human Rights Tribunal (HRTO) and what grounds of discrimination does the Ontario Human Rights Code protect?
- The HRTO only handles employment discrimination complaints
- The HRTO adjudicates complaints of discrimination under the Ontario Human Rights Code, which protects against discrimination on grounds including race, sex, disability, sexual orientation, gender identity, age, family status, marital status, and creed in employment, services, housing, and contracts (Correct answer)
- The HRTO can impose criminal penalties for discrimination
- The HRTO's decisions are recommendations only and not binding
Correct answer: The HRTO adjudicates complaints of discrimination under the Ontario Human Rights Code, which protects against discrimination on grounds including race, sex, disability, sexual orientation, gender identity, age, family status, marital status, and creed in employment, services, housing, and contracts
The HRTO adjudicates applications under the Ontario Human Rights Code. Protected grounds include: race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex (including pregnancy and gender identity/expression), sexual orientation, age, record of offences, marital status, family status, and disability. Protected social areas include: services/facilities, housing, contracts, and employment. Remedies include monetary compensation, reinstatement, policy changes, and training.
Question 2: What is the 'duty to accommodate' under Ontario human rights law, and what is its limit?
- Employers must grant any accommodation requested by an employee
- Employers, service providers, and housing providers must accommodate individuals protected under the Code to the point of 'undue hardship,' considering cost, health and safety, and other relevant factors (Correct answer)
- There is no duty to accommodate in Ontario
- The duty to accommodate only applies to disability
Correct answer: Employers, service providers, and housing providers must accommodate individuals protected under the Code to the point of 'undue hardship,' considering cost, health and safety, and other relevant factors
The duty to accommodate requires responding to the needs of individuals protected under the Code (including disability, religion, family status, pregnancy, etc.) up to the point of undue hardship. Undue hardship is assessed based on: cost (quantifiable, related to the specific accommodation), health and safety risks, and other factors relevant to the specific context. The accommodation must be meaningful and respect the individual's dignity. Both the employer and employee share responsibility for the accommodation process.
Question 3: What is 'judicial review' of government action in Ontario, and under what statute is it sought?
- It is an appeal of government decisions to the Supreme Court of Canada
- It is an application to the Ontario Divisional Court under the Judicial Review Procedure Act to challenge the legality, reasonableness, or procedural fairness of administrative decisions and statutory powers (Correct answer)
- It is only available for criminal law matters
- It is a review conducted by government inspectors
Correct answer: It is an application to the Ontario Divisional Court under the Judicial Review Procedure Act to challenge the legality, reasonableness, or procedural fairness of administrative decisions and statutory powers
In Ontario, judicial review is typically brought in the Divisional Court under the Judicial Review Procedure Act (JRPA). It allows courts to review the legality, reasonableness, and procedural fairness of decisions made by administrative tribunals, government officials, and other bodies exercising statutory powers. The standard of review (following Vavilov) is presumptively reasonableness, with correctness in limited circumstances. Remedies include certiorari, mandamus, prohibition, and declaration.
Question 4: What is the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) and what rights does it provide?
- It only applies to federal government records
- It provides individuals with a right to access records held by provincial government institutions and protects the privacy of personal information held by those institutions, subject to specific exemptions (Correct answer)
- It only applies to private sector organizations
- It gives the government unlimited access to private citizens' records
Correct answer: It provides individuals with a right to access records held by provincial government institutions and protects the privacy of personal information held by those institutions, subject to specific exemptions
FIPPA provides: (1) a right of access to government records held by provincial institutions; (2) protection of personal information in government hands; and (3) an independent oversight mechanism through the Information and Privacy Commissioner of Ontario. Exemptions include: Cabinet confidences, law enforcement, solicitor-client privilege, third-party commercial information, and personal privacy of others. MFIPPA provides similar rights for municipal government records.
Question 5: What are the key principles of administrative law that govern how Ontario government agencies must make decisions?
- Government agencies can make decisions without any constraints
- Agencies must act within their statutory authority, follow rules of procedural fairness (including the right to be heard and an unbiased decision-maker), provide reasons for their decisions, and make decisions that are reasonable and consistent with the purposes of their enabling legislation (Correct answer)
- Only the courts can make binding decisions — agency decisions are advisory only
- Administrative law principles only apply to quasi-judicial tribunals, not to government ministries
Correct answer: Agencies must act within their statutory authority, follow rules of procedural fairness (including the right to be heard and an unbiased decision-maker), provide reasons for their decisions, and make decisions that are reasonable and consistent with the purposes of their enabling legislation
Key principles include: (1) statutory authority — agencies must act within their delegated powers; (2) procedural fairness — right to be heard, right to an unbiased decision-maker, adequate notice, disclosure, and reasons; (3) reasonableness — decisions must be transparent, intelligible, and justified (Vavilov); (4) Charter compliance — administrative decisions must respect Charter rights. The Ontario Statutory Powers Procedure Act sets minimum procedural requirements for many tribunals.
Question 6: What is the role of the Ontario Ombudsman?
- The Ombudsman prosecutes government officials for misconduct
- An independent officer of the Ontario Legislature who investigates complaints about provincial government organizations, municipalities, universities, and school boards, making recommendations for systemic improvements without binding legal authority (Correct answer)
- The Ombudsman is a judge in the Ontario Court of Justice
- The Ombudsman can overrule government decisions
Correct answer: An independent officer of the Ontario Legislature who investigates complaints about provincial government organizations, municipalities, universities, and school boards, making recommendations for systemic improvements without binding legal authority
The Ontario Ombudsman is an independent, impartial officer of the Legislature who investigates complaints about the administrative conduct of provincial government organizations (expanded in 2016 to include municipalities, universities, and school boards — MUSH sector). The Ombudsman investigates, makes findings, and recommends corrective action. While recommendations are not legally binding, they carry significant moral authority and are usually followed. The Ombudsman can investigate on their own initiative.
LSO Barrister Public Law
What is the role of the Ontario Human Rights Tribunal (HRTO) and what grounds of discrimination does the Ontario Human Rights Code protect?