Michael Gottheil, Executive Chair Social Justice Tribunals Ontario

1. ASSEMBLING THE PIECES:CREATING A NIMBLE HUMAN RIGHTS TEAMPresentation to CASHRA May 2013, Halifax Michael Gottheil, Executive Chair Social Justice Tribunals Ontario

2. ASSEMBLING THE PIECES:CREATING A NIMBLE HUMAN RIGHTS TEAM … by creating a tribunal that can deal nimbly and effectively with human rights issues.

3. What the Courts Have Said: “…the adjudication of Code issues is no longer the exclusive domain of the Ontario Human Rights Commission” “The legislature has … contemplated that this fundamental law could be applied by other administrative bodies.” “… the SBT had the responsibility of applying the Code in order to render a decision that reflected the whole law of the province.” Tranchemontagne v. Ontario (Director, Disability Support Programs), 2006 SCC 14, at pp. 13 - 14

4. What the Courts Have Said:(cont’d) “We do not have one Charter for the courts and another for administrative tribunals.” “The Charter is not some holy grail which only judicial initiates of the superior courts may touch.  The Charter belongs to the people.  All law and law‑makers that touch the people must conform to it.  Tribunals and commissions charged with deciding legal issues are no exception.  Many more citizens have their rights determined by these tribunals than by the courts.  If the Charter is to be meaningful to ordinary people, then it must find its expression in the decisions of these tribunals.” R. v. Conway 2010 SCC 22 quoting McLachlin, J (as she then was) in Cooper v. Canada (Human Rights Commission) 1996 SCC 854. 4

5. What the Courts Have Said:(Cont’d) • Doré v. Barreau du Québec, 2012 SCC 12 • British Columbia (Workers Compensation Board) v. Figliola, 2011 SCC 52 and • Moore v. British Columbia (Education), 2012 SCC 61 • Fischbach v. Terra Bella Housing, 2013 ONSC 872 5

6. Social Justice Tribunals Ontario (SJTO) • Child and Family Services Review Board • Custody Review Board • Human Rights Tribunal Ontario • Landlord and Tenant Board • Special Education Tribunals (English and French) • Social Benefits Tribunal 6

7. Rental Housing Income Security Human Rights Education Child and Youth Mental Health Youth Justice SJTO – Subject Areas 7

8. Building Competencies and Capacity: Expertise Multidisciplinary Interdisciplinary 8

9. Building Competencies and Capacity(cont’d) • Recruitment • Cross-Appointments • Professional Development 9

10. Building Competencies and Capacity (cont’d) • Recruitment • Defining Competencies • Valuing Diversity • Capacity Across the Organization • Designing Recruitment Strategy 10

11. Building Competencies and Capacity(cont’d) • Cross-Appointments • Boost Capacity • Strategic Assignment • Peer Learning Opportunities • Career Development 11

12. Building Competencies and Capacity(cont’d) • Professional Development • Core Competencies in Human Rights • Accessibility and Accommodation • Active Adjudication • “Judging Without Assumptions” • “Human Rights in A Hurry” 12

13. What’s Next? • Case Management and Triage • Processes for Identifying Human Rights Issues • Common Portal • Strategic Assignment and Panels • Consolidated Hearings • Special Appeal Panels

14. More Information: www.sjto.gov.on.ca