LSO Barrister Public Law

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?

Accepted 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

Answer

The HRTO only handles employment discrimination complaints

Answer

The HRTO can impose criminal penalties for discrimination

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The HRTO's decisions are recommendations only and not binding

Question 2

What is the 'duty to accommodate' under Ontario human rights law, and what is its limit?

Accepted 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

Answer

Employers must grant any accommodation requested by an employee

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There is no duty to accommodate in Ontario

Answer

The duty to accommodate only applies to disability

Question 3

What is 'judicial review' of government action in Ontario, and under what statute is it sought?

Accepted 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

Answer

It is an appeal of government decisions to the Supreme Court of Canada

Answer

It is only available for criminal law matters

Answer

It is a review conducted by government inspectors

Question 4

What is the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) and what rights does it provide?

Accepted 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

Answer

It only applies to federal government records

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It only applies to private sector organizations

Answer

It gives the government unlimited access to private citizens' records

Question 5

What are the key principles of administrative law that govern how Ontario government agencies must make decisions?

Accepted 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

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Government agencies can make decisions without any constraints

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Only the courts can make binding decisions — agency decisions are advisory only

Answer

Administrative law principles only apply to quasi-judicial tribunals, not to government ministries

Question 6

What is the role of the Ontario Ombudsman?

Accepted 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

Answer

The Ombudsman prosecutes government officials for misconduct

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The Ombudsman is a judge in the Ontario Court of Justice

Answer

The Ombudsman can overrule government decisions