Understanding the Application Form under Section 35 of the Human Rights Code by the Ontario Human Rights Commission
The Form 7 of the Human Rights Tribunal of Ontario is a legal document used by the Ontario Human Rights Commission (OHRC) to initiate a formal application regarding alleged violations of the Human Rights Code. This form is essential for individuals or organizations who believe their rights have been infringed upon due to discrimination or other prohibited grounds. It serves as the starting point for legal proceedings before the Tribunal, aiming to address and resolve issues related to discrimination in various areas such as employment, housing, and services.
Who Should Fill Out This Form?
This application is intended for the OHRC to formally request the Tribunal to investigate and resolve alleged discrimination. It is typically completed by the commission itself when it has identified a case of discrimination that warrants legal action. However, the form also requires the applicant (the OHRC) to provide detailed information about the respondent(s) involved, affected persons, and the grounds of discrimination claimed.
If you are an individual or organization who believes you have experienced discrimination, you generally do not fill out this form yourself. Instead, the OHRC uses this form to formally submit the case to the Tribunal. For individuals or organizations wishing to respond to an application initiated by the OHRC, a separate form (Form 8) must be completed and filed within the specified deadline.
How to Complete the Application Form
1. Provide Contact Information
Begin by filling out the Commission Contact Information section, including your name, address, email, and preferred method of communication. This ensures the Tribunal and respondents can contact the OHRC regarding the case.
2. Identify Respondent(s)
Next, specify the respondent(s)—the individual or organization alleged to have committed the discriminatory act. Details such as name, address, and contact information are required. If multiple respondents are involved, attach additional pages with their information.
3. List Affected Persons
If there are other persons or organizations affected by the case, include their contact details in this section. This helps the Tribunal understand the scope of the issue.
4. Select Grounds of Discrimination
Check all relevant grounds of discrimination claimed, such as race, sex, disability, age, or family status. Accurate selection is crucial for the Tribunal to understand the basis of the alleged rights violation.
5. Specify Areas of Discrimination
Indicate in which areas the discrimination occurred, such as employment, housing, or services. This information guides the Tribunal’s focus during proceedings.
6. State the Public Interest Rationale
Explain why the case is in the public interest, supporting the importance of addressing this issue at a community or societal level.
7-10. Describe Facts, Relief Sought, and Mediation
Provide a summary of the facts and issues, the material facts the OHRC will rely on, and the remedies sought under section 45(3) of the Human Rights Code. Indicate whether the OHRC agrees to participate in mediation, which can be a helpful step toward resolving disputes without lengthy litigation.
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Submitting and Filing the Application
The completed application must be delivered to the respondent(s) and any affected persons before it is filed with the Tribunal, along with a Statement of Delivery (Form 23). The Tribunal’s process involves a case conference, where all parties discuss the conduct of the proceeding, typically within 45 days of filing.
Forms can be downloaded from the Tribunal’s website. If you require a paper copy or accessible version, contact the Human Rights Tribunal of Ontario at the address or phone numbers provided. Ensure that all sections are completed accurately to avoid delays or rejection of the application.
Common Errors to Avoid
- Failing to provide complete contact details for all respondents and affected persons.
- Not checking all applicable grounds or areas of discrimination.
- Omitting essential facts or failing to specify the remedies sought clearly.
- Missing the filing deadline or not delivering the application to all parties before submitting to the Tribunal.
Accurate and thorough completion of this form is vital for the effective processing of your case and the pursuit of justice under Ontario’s human rights laws.