Human Rights Tribunals

Question 1

What are human rights tribunals responsible for? Define the Ontario Human Rights Code.

Answer 1

Human rights tribunals are responsible for strengthening the promotion and protection of human rights

The Ontario Human Rights Code was founded in 1962 to address and handle the moral, social, and economic consequences of discrimination in Ontario

Question 2

What are the steps undergone in a human rights tribunal?

Answer 2

1. Adjudicator introduction: the tribunal is called into order and the adjudicator introduces the matter, the parties involved, the grounds for the claim, and the rules of the tribunal
2. Opening statements: the applicant’s council gives a summary of their claims, and the respondent’s council replies with their summary/perspective of the events (defense)
3. Examinations: direct-examination of the applicant, cross-examination of the applicant, direct-examination of the respondent, cross-examination of the respondent
4. Closing statements: final arguments are delivered by both councils

Question 3

Who is involved in human rights tribunal proceedings?

Answer 3

1. The applicant(s): the party that has filed a complaint/application (the victim(s)) + their lawyer(s)
2. The respondent(s): the party against whom the claim was made (the defendant(s)) + their lawyer(s)
3. Commissioners/adjudicators: those who conduct the tribunal and determine whether the respondent(s) is/are liable or not liable, and to which extent; impartial party (judges), led by the Chief Commissioner/Adjudicator

Question 4

What are the 3 possible outcomes/verdicts of a human rights case?

Answer 4

1. Liable: the respondent is found to be responsible for the harm/suffering inflicted on the applicant, and they are thus held accountable (guilty)
2. Not liable: the respondent is NOT found to be responsible for the harm/suffering inflicted on the applicant, and they are thus NOT held accountable (not guilty)
3. Liable to a certain degree: a certain percentage is associated with the respondent’s level of liability

Question 5

What are the 5 most common objections in a human rights case?

Answer 5

1. Leading/testifying the witness: the lawyer gives evidence/testifies instead of asking questions; puts words in the witness’s mouth
2. Badgering the witness: the lawyer harasses, abuses, or insults the witness
3. Irrelevant: the lawyer asks a question or makes a statement that does not relate to any of the charges at hand
4. Witness is not an expert: the lawyer asks a question that the witness is not qualified to answer (non-expert testimony)
5. Hearsay evidence: the witness cannot attest to what someone else saw/heard

Question 6

What are the possible rulings on objections?

Answer 6

1. Overruled: the judge DISAGREES with the objection and allows the lawyer to PROCEED with their questioning
2. Sustained: the judge AGREES with the objection and the lawyer must move on to their NEXT question