Introduction to the Enhanced Complaints Process (ECP) – Pilot

April 2, 2007 Ontario Human Rights Commission

Introduction to theEnhanced Complaints Process (ECP) – Pilot

2Ontario Human Rights CommissionCommission ontarienne des droits de la personne

INTRODUCTION

Ontario’s human rights system is changing

Eventually, complainants will file directly with the Human Rights Tribunal of Ontario

Until then, the Commission continues to have a duty to investigate & attempt settlement for each complaint


INTRODUCTION

Improve customer service in response to community concerns about the length of time it takes to process complaints

Need to increase parties’ engagement in the complaint management process (e.g. timely production)

Devise a system to better address the 3000+ cases in the system


GOALS

To reduce the average case processing time

To increase the participation of the parties in the process

To enhance resolution possibilities

To improve customer service


STRATEGIES

Triage complaints for complexity

Provide fixed mediation (“MM”) & fact-finding meeting (“FFM”) dates

Provide timelines for complainants & respondents

Greater use of streamlined procedures

Targeted investigations


BENEFITS TO PARTIES

More transparent process

New complaints (filed on or after February 12, 2007) will be investigated in a shorter time frame

Systemic cases will be identified earlier

Increased public confidence in the system


BENEFITS TO PARTIES

Provides tools to move cases more quickly through the system

Bringing parties together may more often result in settlement, reducing the need for a full investigation

Sets timelines on the parties for production to move case along faster

April 2, 2007 Ontario Human Rights Commission

COMPLAINT PROCESS


INTAKE

Complaint received & assessed by Intake Officer & mediator/investigator

Complaint served within 60 days

Serving letter provides both mediation & fact-finding meeting dates

Rescheduling permitted on Code-related grounds/extreme personal hardship


MEDIATION

Mediation set a minimum of 6 weeks after complaint served

Mediator conducts formal mediation


MEDIATION

If mediation fails, or the parties do not attendmediation:

the file is forwarded to Investigation

OR

if Commission staff or the respondent have requested that the Commission exercise its discretion & ‘not deal’ with a complaint under s.34 of the Code, Commission staff may write this report & send it to the Commission for a decision


INVESTIGATION

Investigator creates production letter. Parties are given a maximum of 30 days to provide production

Letters to complainant & respondent set out exact documents or things that must be received before fact-finding meeting

E.g. Record of Employment, names/addresses of witnesses, disciplinary records, “will-say” statements


INVESTIGATION

Failure to provide complete production upon request may result in the case being sent to the Commission for a decision with no further notice to the parties

Investigator then conducts fact-finding meeting a minimum of 6 weeks after mediation fails


FACT-FINDING MEETING

Two parts: Investigation & Conciliation

During the Investigation, the investigator questions relevant parties & any witnesses permitted to attend

Investigator narrows the issues, examines documents, identifies relevant Commission policies, & gives an assessment of the evidence

Continued…


FACT-FINDING MEETING

During Conciliation, the investigator provides the parties with a further opportunity to reach an agreement

Conciliation discussions are ‘without prejudice’, unless waived


ROLE OF COUNSEL

Complainant or respondent can choose to have counsel represent them & assist with production requests

At the fact-finding meeting, counsel cannot give evidence or question witnesses or the other party

Fact-finding meeting will generally not be rescheduled if counsel is unavailable


INVESTIGATION

Where the fact-finding meeting does not resolve but the investigation is sufficient to recommend that the Commission refer or not refer the case to the Human Rights Tribunal of Ontario, the Officer will write a Case Analysis report/ Disclosure Letter


INVESTIGATION

Where more evidence is needed, the investigator conducts further investigation & provides a verbal review of findings to parties

Investigator makes a recommendation to the Commission. The final decision rests with the Commissioners


POST-REFERRAL

After a case is referred, Commission staff may conduct further investigation if required to present the case at the Human Rights Tribunal of Ontario


ENSURING COOPERATION

Investigators can use their discretion to sendcases to the Commission for a decision with no further notice to the parties if:

Complainant/respondent does not provide complete production without reasonable explanation (s.36(2), s.33(6))

Continued…



A party does not attend the fact-finding meeting & gives no reasonable explanation (s.36)

Parties cannot be located (s.36)



In these cases, a Case Analysis or Disclosure Letter may not be completed

E.g. where a respondent fails to provide production, the complaint, answer, production letter, & any production provided can be put before the Commission for a decision under s.33(6) with no further notice to the parties


TRANSITION OF OLDER CASES

Complaints already filed will be integrated into the system by applying mediation & fact-finding meeting dates as they are assigned to mediators & investigators

By applying mediation & fact-finding meeting dates on files, it will free up resources to work on older cases to reduce the case inventory

Integrating all older cases into the system will take some months


PUBLIC INTEREST

Staff will continue to account for power imbalances when addressing the parties & conducting mediation & fact-finding meetings

Officers still represent the public interest in mediation & fact-finding meetings

Public interest remedies are still expected in each settlement

Earlier identification of systemic cases may mean more strategic involvement on cases that broadly affect the public interest


ACCOUNTABILITY

Ongoing monitoring of the system will occur by the Commission

We invite the public to provide their feedback at: [email protected]

The Commission’s annual report will provide evaluation data


FURTHER RESOURCES

Web site www.ohrc.on.ca contains the following:

Internal Guide for Processing Complaints (launch will be at the end of April)

The Ontario Human Rights Commission Complaint Process: Service Guide

Ontario Human Rights Commission Service Guide: Filing Complaints

Ontario Human Rights Commission Service Guide: Resolving Complaints


CONTACT INFORMATION

Local Telephone Inquiry (416) 326-9511 Toll-Free Telephone Inquiry 1-800-387-9080 TTY (Local) (416) 314-6526 TTY (Toll Free) 1-800-308-5561 Inquiries Email [email protected]

Documents

Introduction to the Enhanced Complaints Process (ECP) – Pilot