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Assembling the Pieces: Creating a Nimble Human Rights Team CASHRA 2013 Halifax

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hafwen
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Assembling the Pieces: Creating a Nimble Human Rights Team CASHRA 2013 Halifax. Patrick Case, Chair, Human Rights Legal Support Centre May 31, 2013. Outline. Overview of HRLSC “unbundled” services Snapshot of HRLSC statistics for 2012/13

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Assembling the Pieces: Creating a Nimble Human Rights Team CASHRA 2013 Halifax
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  1. Assembling the Pieces: Creating a Nimble Human Rights TeamCASHRA 2013Halifax

    Patrick Case, Chair, Human Rights Legal Support Centre May 31, 2013
  2. Outline Overview of HRLSC “unbundled” services Snapshot of HRLSC statistics for 2012/13 How human rights claimants used HRLSC services in 2012/13 Achieving public interest remedies through community engagement and representation Innovative approaches: how we are nimble Creating better access for Aboriginal communities
  3. Nimble service model: HRLSC “unbundled” services Intervention with a potential respondent to settle a claim before filing Assistance in completing the application process Representation at summary hearings to prevent early dismissal Representation in settlement negotiations at all stages of HRTO process Assistance in self-representing at mediation or hearing Representation at mediation or hearing Representation at reconsideration or judicial review Enforcement of HRTO Orders
  4. Snapshot of Service Numbers for 2012/13 Almost 18,000 individuals were assisted by the HRLSC through our advice line in 2012/13. Responded to more inquiries than ever before: 27,629. Interpretation services available in 140 languages. Our lawyers provided legal services to more individuals than in any previous year: 2,759 new individuals received in-depth services from a HRLSC lawyer in 2012/13. Pinto Report noted that that the number of individuals assisted by our lawyers annually compares favourably to # of new applications filed at HRTO in 2012/13: 2,837. Retained to provide representation in over 500 new applications proceeding before HRTO, for at least one stage of the proceeding: filing, mediation or hearing.
  5. How successful applicants use our service 74% of applicants who were successful before the HRTO in 2012/13 received legal advice and assistance from the HRLSC. We provided full representation at hearing to over 21% of these successful applicants. Another 20% received early summary advice from HRLSC but went on to retain private counsel or a paralegal at hearing. 86% of successful self-representing applicants received legal assistance from the HRLSC. Of winning applicants who did not contact the HRLSC: 50% retained private counsel 25% retained a paralegal. 25% self-represented.
  6. Many unsuccessful applicants do not access our service Many applicants do not contact the HRLSC despite the fact that contact information is on the HRTO Application Form, in the HRTO Applicant’s Guide etc. 41% of applicants who lost on the merits in 2012/13 had not contacted the HRLSC for legal services at any point. The losing applicants who did contact the HRLSC: 66% requested early procedural advice only through telephone advice line 33% met with a lawyer and obtained a negative legal opinion about the merits of their claim About 25% went on to retain private counsel or a paralegal.
  7. Successful Settlements: 2012/13 Successfully settled over 340 applications. Approximately 80% included substantive public interest settlements. 50% settled at mediation 20% settled before or just after filing the application 30% were settled just before or as the hearing began. Recent significant settlement negotiated during a racial profiling hearing: Marshall v. Toronto Police Services. Agreed to a media release that allowed applicant to speak about incident and impact of racial profiling. Settlement includes funding to be used for community outreach on policing issues affecting racialized youth.
  8. Achieving public interest results through community engagement and representation The Pinto Report reviewed the new human rights system in Ontario and noted that the HRLSC has a good track record in achieving public interest remedies at hearings and mediations. HRLSC is working with and representing community-based advocacy organizations, including groups representing migrant farm workers, injured workers, Aboriginal communities and psychiatric survivors. HRLSC is representing in a number of cases alleging racial profiling or systemic barriers tied to race or place of origin or sexual orientation, including cases against the police and school boards. Notable public interest remedies in HRLSC settlements that are not subject to confidentiality clauses: A G20 protestor who was roughed up by the Toronto Police - Negotiated compensation and an agreement that allows applicant to continue to speak publicly about his mistreatment by police. A transgendered student who won a new set of policies at Toronto District School Board –The settlement covers privacy issues, student records, field trips and washroom facilities, as well as an agreement on extensive staff training. Prison inmates with disabilities without access to their own assistive devices – Settlement with Ministry of Correctional Services included staff training and a complaints procedure.
  9. Innovative Steps to Expand Service Capacity The Pinto Report also recognized the innovative steps that the HRLSC has taken to expand its services: Placement of HRLSC lawyers in legal clinic offices in regional centres across the province: Ottawa, Thunder Bay, Sault Ste. Marie/Sudbury, Guelph, Windsor, Hamilton. Intensive legal education program with Osgoode Law Faculty: 6 students full time assisting with initial intake and at mediations and hearings Pro bono lawyers panel: Volunteer lawyers take about 30 mediations a year and achieve a good rate of settlement Training and support for legal clinics litigating human rights issues at HRTO or other tribunals Partnerships with Student Legal Aid programs to provide application assistance and representation at mediation.
  10. New project to provide better access to legal services for human rights claimants HRLSC has initiated a 5-month pilot project to provide legal services and representation to up to 3 times more applicants at mediation. Starting April 1st, HRLSC contact info added to the HRTO Mediation Notice. This has already resulted in twice as many applicants contacting us for assistance at mediation. Currently many applicants approach the HRLSC for representation for the first time after mediation. All applicants who phone before mediation are provided with lawyer assistance. If there is an arguable case, our lawyers represent at mediation. Our settlement rate at mediation is 20% above the HRTO average. We can often achieve better public interest remedies at mediation as compared to med/adjudication or at a hearing.
  11. More on New Mediation Pilot Project The goal of the project is to achieve more settlements earlier in the process. We hope to extend the project for two years. The HRLSC currently settles over 90% of its hearing files just before the hearing begins or at med/adjudication, usually on the first day. Last year, we settled 96 applications after we had completed all or most of our hearing preparation. Significant # when considered in comparison to the number of HRTO merit decisions released: 134. Settling late in the process is resource-intensive for HRLSC and HRTO Better result for all parties if settlements are reached earlier: better public interest remedies; better compliance; lower legal costs; faster justice.
  12. Better Access to Human Rights Enforcement for Aboriginal Communities Making our service accessible to Aboriginal communities is a priority. We have made effective use of Aboriginal media to make our services more visible. Coverage of HRLSC cases in Wawatay News, Aboriginal Peoples T.V., Turtle Island News, First Perspective etc. HRLSC has a service policy aimed at ensuring culturally appropriate service for Aboriginal persons. We have three Aboriginal lawyers on staff. Currently working with Ontario Federation of Indian Friendship Centres to train staff to recognize and refer discrimination cases. HRLSC has a pending funding application with Kinna-aweya legal clinic in Thunder Bay for an Aboriginal Community Outreach Worker.