Letter to the Editor
St. Thomas Times Journal
November 28, 2006
Psychiatric Rights
As a rights protection organization, The Psychiatric Patient Advocate Office (PPAO) is not supportive of Bill 107, An Act to Amend the Human Rights Code, and we are troubled that the government has chosen to curtail its consultation with the public given the fundamental importance of the proposed legislation to all Ontarians. We do not believe that Bill 107 in its current form will effectively protect our human rights, and, in particular, the rights of our most vulnerable citizens, who may be disadvantaged by the proposed changes.
By repealing and replacing Part III of the Human Rights Code respecting the Commission and abolishing investigations in favour of a direct access model, human rights protection will favour those who can successfully navigate the Tribunal process. Victims of discrimination will be forced to investigate and prove their own claims. In effect, the Tribunal and its administrative process will replace the Commission as gatekeeper.
The Tribunal should be the final step in the process where the parties and the Commission have been unable to resolve a human rights complaint to the satisfaction of the parties following investigation, voluntary mediation, and conciliation. The Tribunal should be available to deal with the most serious human rights violations. This “two tier” approach has been effective in charting the course of human rights in Ontario. Having said that, we would support changes to Bill 107 that would offer individuals the choice of having the Commission investigate their complaints, or having them go immediately to the Tribunal, an option which is not currently available. Timelines for the resolution of complaints should also be defined in law. This would address issues related to delays and the timely resolution of complaints.
The PPAO believes the Commission could establish a more efficient process to prioritize individual complaints, develop a comprehensive case management system, strengthen its investigative function, develop a process for the identification and resolution of systemic complaints and provide public education.
However, the Commission will never fully realize its mandate in protecting the human rights of all Ontarians unless it is adequately resourced.
David Simpson
Acting Director
Psychiatric Patient Advocate Office
Toronto
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