Like all administrative tribunals, human rights tribunals are created by statute and have only the powers that are conferred upon them by legislation. In Canada, human rights tribunals derive their jurisdiction from human rights legislation. Each province has its own legislation. 


There is also federal human rights legislation. In Ontario, the Human Rights Tribunal of Ontario (HRTO) is created by and derives its power from the Ontario Human Rights Code (Code). The federal government created the Canadian Human Rights Tribunal (CHRT) under the Canadian Human Rights Act (Act). Human rights legislation protects against discrimination in two ways;


First, legislation prevents discrimination in key areas of social interaction. These include employment, services, accommodation (housing), vocational associations, contacts etc. Only those matters falling within an enumerated social area are protected. Second, human rights legislation prohibits discrimination based on certain protected grounds (prohibited grounds). These include; religion, sex, place of origin, race, gender expression etc. 


The prohibited grounds listed in the legislation are exhaustive and there is no protection for differential treatment based on other grounds unless the omission of the particular ground is found to breach the Canadian Charter of Rights and Freedom (Charter).


If you think that your human rights have been violated in any way, contact D.A. Commissioning & Legal Services for a free consultation to discuss your case.

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