Introduction to the Enhanced Complaints Process ECP Pilot

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Introduction to theEnhanced Complaints Process
(ECP) Pilot
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INTRODUCTION

• Ontarios human rights system is changing
• Eventually, complainants will file directly with
  the Human Rights Tribunal of Ontario
• Until then, the Commission continues to have a
  duty to investigate attempt settlement for each
  complaint

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INTRODUCTION

• Improve customer service in response to community
  concerns about the length of time it takes to
  process complaints
• Need to increase parties engagement in the
  complaint management process (e.g. timely
  production)
• Devise a system to better address the 3000 cases
  in the system

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GOALS

• To reduce the average case processing time
• To increase the participation of the parties in
  the process
• To enhance resolution possibilities
• To improve customer service

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STRATEGIES

• Triage complaints for complexity
• Provide fixed mediation (MM) fact-finding
  meeting (FFM) dates
• Provide timelines for complainants respondents
• Greater use of streamlined procedures
• Targeted investigations

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BENEFITS TO PARTIES

• More transparent process
• New complaints (filed on or after February 12,
  2007) will be investigated in a shorter time
  frame
• Systemic cases will be identified earlier
• Increased public confidence in the system

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BENEFITS TO PARTIES

• Provides tools to move cases more quickly through
  the system
• Bringing parties together may more often result
  in settlement, reducing the need for a full
  investigation
• Sets timelines on the parties for production to
  move case along faster

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COMPLAINT PROCESS
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INTAKE

• Complaint received assessed by Intake Officer
  mediator/investigator
• Complaint served within 60 days
• Serving letter provides both mediation
  fact-finding meeting dates
• Rescheduling permitted on Code-related
  grounds/extreme personal hardship

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MEDIATION

• Mediation set a minimum of 6 weeks after
  complaint served
• Mediator conducts formal mediation

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MEDIATION

• If mediation fails, or the parties do not attend
• mediation
• the file is forwarded to Investigation
• OR
• if Commission staff or the respondent have
  requested that the Commission exercise its
  discretion not deal with a complaint under
  s.34 of the Code, Commission staff may write this
  report send it to the Commission for a decision

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INVESTIGATION

• Investigator creates production letter. Parties
  are given a maximum of 30 days to provide
  production
• Letters to complainant respondent set out exact
  documents or things that must be received before
  fact-finding meeting
• E.g. Record of Employment, names/addresses of
  witnesses, disciplinary records, will-say
  statements

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INVESTIGATION

• Failure to provide complete production upon
  request may result in the case being sent to the
  Commission for a decision with no further notice
  to the parties
• Investigator then conducts fact-finding meeting a
  minimum of 6 weeks after mediation fails

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FACT-FINDING MEETING

• Two parts Investigation Conciliation
• During the Investigation, the investigator
  questions relevant parties any witnesses
  permitted to attend
• Investigator narrows the issues, examines
  documents, identifies relevant Commission
  policies, gives an assessment of the evidence
• Continued

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FACT-FINDING MEETING

• During Conciliation, the investigator provides
  the parties with a further opportunity to reach
  an agreement
• Conciliation discussions are without prejudice,
  unless waived

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ROLE OF COUNSEL

• Complainant or respondent can choose to have
  counsel represent them assist with production
  requests
• At the fact-finding meeting, counsel cannot give
  evidence or question witnesses or the other party
  
• Fact-finding meeting will generally not be
  rescheduled if counsel is unavailable

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INVESTIGATION

• Where the fact-finding meeting does not resolve
  but the investigation is sufficient to recommend
  that the Commission refer or not refer the case
  to the Human Rights Tribunal of Ontario, the
  Officer will write a Case Analysis report/
  Disclosure Letter

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INVESTIGATION

• Where more evidence is needed, the investigator
  conducts further investigation provides a
  verbal review of findings to parties
• Investigator makes a recommendation to the
  Commission. The final decision rests with the
  Commissioners

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POST-REFERRAL

• After a case is referred, Commission staff may
  conduct further investigation if required to
  present the case at the Human Rights Tribunal of
  Ontario

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ENSURING COOPERATION

• Investigators can use their discretion to send
• cases to the Commission for a decision with no
• further notice to the parties if
• Complainant/respondent does not provide complete
  production without reasonable explanation
  (s.36(2), s.33(6))
• Continued

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ENSURING COOPERATION

• A party does not attend the fact-finding meeting
  gives no reasonable explanation (s.36)
• Parties cannot be located (s.36)

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ENSURING COOPERATION

• In these cases, a Case Analysis or Disclosure
  Letter may not be completed
• E.g. where a respondent fails to provide
  production, the complaint, answer, production
  letter, any production provided can be put
  before the Commission for a decision under
  s.33(6) with no further notice to the parties

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TRANSITION OF OLDER CASES

• Complaints already filed will be integrated into
  the system by applying mediation fact-finding
  meeting dates as they are assigned to mediators
  investigators
• By applying mediation fact-finding meeting
  dates on files, it will free up resources to work
  on older cases to reduce the case inventory
• Integrating all older cases into the system will
  take some months

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PUBLIC INTEREST

• Staff will continue to account for power
  imbalances when addressing the parties
  conducting mediation fact-finding meetings
• Officers still represent the public interest in
  mediation fact-finding meetings
• Public interest remedies are still expected in
  each settlement
• Earlier identification of systemic cases may mean
  more strategic involvement on cases that broadly
  affect the public interest

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ACCOUNTABILITY

• Ongoing monitoring of the system will occur by
  the Commission
• We invite the public to provide their feedback
  at info_at_ohrc.on.ca
• The Commissions annual report will provide
  evaluation data

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FURTHER RESOURCES

• Web site www.ohrc.on.ca contains the following
• Internal Guide for Processing Complaints (launch
  will be at the end of April)
• The Ontario Human Rights Commission Complaint
  Process Service Guide
• Ontario Human Rights Commission Service Guide
  Filing Complaints
• Ontario Human Rights Commission Service Guide
  Resolving Complaints

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CONTACT INFORMATION

• Local Telephone Inquiry [phone]
•  
• Toll-Free Telephone Inquiry 1-800-387-9080
• TTY (Local) [phone]
•  
• TTY (Toll Free) 1-800-308-5561
•  
• Inquiries Email info_at_ohrc.on.ca