example - human rights case. case citation formats criminal law:r v. jones prosecution v. defense...
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Case Citation Formats
Criminal Law: R v. Jones prosecution v. defense
Civil Law: Smith v. Jones plaintiff v. defendant
Human Rights: Jones v. Bob’s Burger Palace complainant v. respondent
Human Rights CommissionsHuman Rights Commissions
Each province has an appointed commission to administer and enforce human rights codes
Example:
Ontario Human Rights Commission
Most disputes are settled by commission; only 4 percent go to a tribunal
Filing a Complaint
Complainant:Complainant:The person making an The person making an
allegation of allegation of discrimination, such as discrimination, such as employment employment discriminationdiscrimination
It is up to the It is up to the complainant to prove his complainant to prove his or her caseor her case
A description of events A description of events must be provided by the must be provided by the complainantcomplainant
Steps:To file a complaint follow
the procedures outlined in the provincial human rights code
A lawyer is not needed to file a complaint
Given a package of information that guides you in filing your complaint and how to fill out your complaint form – download form from web
Filing a Complaint
Prima FaciePrima FacieLegally Legally
convincing first convincing first impression impression unless unless disproved by disproved by contrary contrary evidenceevidence
GravamanGravamanThe most The most
serious part of serious part of an accusationan accusation
Proving Prima FacieProving Prima Facie(using employment discrimination as an example)
1)1) You were qualified for the particular You were qualified for the particular employmentemployment
2)2) You were not hiredYou were not hired
3)3) Someone no better qualified was Someone no better qualified was given the position who lacked the given the position who lacked the feature that represents the feature that represents the gravamangravaman (significant part) of the (significant part) of the complaint (race, colour, age, etc)complaint (race, colour, age, etc)
Dismissing a Complaint
RespondentRespondent
The person or organization The person or organization that the complainant alleges that the complainant alleges committed discriminationcommitted discrimination
If determined there is a If determined there is a case the respondent will be case the respondent will be asked to formally respond to asked to formally respond to the allegationsthe allegations
A complaint could be A complaint could be dismissed for a variety of dismissed for a variety of reasons:reasons:
1)1)There could be legislation There could be legislation in place in the province of the in place in the province of the complaint that better deals complaint that better deals with the issuewith the issue
2)2)Complaint was trivial, Complaint was trivial, frivolous, made to cause frivolous, made to cause annoyance, or made in bad annoyance, or made in bad faithfaith
3)3)Not filed in an appropriate Not filed in an appropriate amount of timeamount of time
Role of the Commission
MediationMediationAn intervention An intervention
between between conflicting parties conflicting parties that promotes that promotes compromise or compromise or settlement of the settlement of the dispute prior to or dispute prior to or in place of a in place of a formal formal investigation that investigation that is assisted by an is assisted by an officer from the officer from the Human Rights Human Rights CommissionCommission
If mediation is refused or a settlement If mediation is refused or a settlement cannot be reached a formal cannot be reached a formal investigation occursinvestigation occurs
A formal investigation involves A formal investigation involves gathering evidencegathering evidence
Inspecting documents, records, and Inspecting documents, records, and correspondence between the partiescorrespondence between the parties
Examining facilitiesExamining facilities
Interviewing witnesses Interviewing witnesses
After the investigation a report to the After the investigation a report to the Commission is written that details the Commission is written that details the result of the investigationresult of the investigation
Role of the Commission
ConciliationConciliation Bringing the Bringing the
parties to a parties to a resolution of resolution of their their differences differences using using independent independent meetings with meetings with all parties all parties involvedinvolved
Conciliator meets with parties individually in an attempt to resolve differences
If no resolution is possible, the case is referred to the commissioners of the human rights commission
Commissioners will either dismiss the case or go to tribunal, which is like a trial
Evidence is presented and witnesses testify under oath and are cross examined; lawyers are now used
The decision can be appealed and sent for judicial review
Remedies
A number of A number of remedies are used remedies are used when it is proven when it is proven discrimination has discrimination has occurredoccurred
An attempt is made An attempt is made to put the to put the complainant in the complainant in the same position they same position they would have been in would have been in if the if the discrimination had discrimination had not occurrednot occurred
Depends on Depends on circumstances of circumstances of the casethe case
Possible RemediesPossible Remedies An order to the offender to stop the practice
Issue letter of apology
Restitution for mental anguish and losses suffered
Employment reinstated or promotion granted
Develop program to relieve or assist disadvantaged to achieve equal opportunity in the organization
Provide human rights and anti-discrimination training for all employees
Develop policies to eliminate discrimination and harassment
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