How do you prepare and file a human rights application? What do you consider when filing? What to know about applications:

The HRLSC’s “5 Things to Know” video is here to help you get started with tips for writing a human rights application!

Watch our video on Applications here or on YouTube.

Everyone in Ontario is entitled to dignity, equality, and freedom from discrimination, and our human rights system is in place to make sure that those rights are protected. So, if you have experienced discrimination, the Human Rights Tribunal of Ontario—or HRTO—can hear your case and may remedy the situation through both monetary and non-monetary means. But before any of that can happen, you’ll need to file an application with the HRTO. Here’s what you need to know to get started.

Titlecard: 5 Things to Know Before Filing a Human Rights Application in Ontario

Brought to you by the Human Rights Legal Support Centre

1. What is discrimination? Discrimination means treating someone differently and unfairly because of a personal characteristic such as race, disability, age or gender. In Ontario, what counts as “discrimination” is defined by the Ontario Human Rights Code. It lists 17 protected grounds across various social areas. Before you file an application with the HRTO, you’ll want to make sure that the unfair treatment you’ve experienced is covered by the Ontario Human Rights Code—otherwise, the HRTO won’t be able to help you.

2. Jurisdiction The next thing to watch out for is jurisdiction. In other words, is the case of discrimination you’ve experienced a matter for the provincial or the federal system to handle? For instance, you may need to file an application with the Canadian Human Rights Commission rather than the HRTO if your case involves a bank, airline, phone company, trucking company, Chief and Council decisions, or the federal government.

3. Limitation Period There is a time limit, when it comes to filing an application with the HRTO. In order for an application to move forward, it needs to be filed within one year of the human rights violation in question. So, when the form asks for the date of the last event, make sure to put down the date of the last discriminatory event that occurred—not just the last time you interacted with the respondent.

Respondents are individual people and organizations that are named in an application for alleged discriminatory behaviour. There can be more than one respondent in an application.

4. Connection When describing the discriminatory event, be sure to establish a “connection,” between what occurred and the protected grounds of the Ontario Human Rights Code. You have to demonstrate that what happened wasn’t just demeaning or unfair, but discriminatory. Be sure to describe the situation in as much detail as possible!

5. Where to go for support? Finally, it’s important to know that you don’t have to go through the application process without support. The Human Rights Legal Support Centre is here to answer your questions about filing an application with the HRTO and provide free and accessible legal advice at any stage in the process. So if you’re ever feeling unsure, visit our website for more resources, or give us a call.

Visit hrlsc.on.ca/contact-hrlsc to learn more.

An application is the document (HRTO Form 1) that begins a human rights claim under the Code. It asks you to explain what happened to you, why you believe it is discrimination, and what you want Human Rights Tribunal of Ontario (HRTO) to order against the person and/or organization who you claim is responsible for the discrimination.

What are some common grounds for discrimination? See our video on “Common Grounds for Human Rights Cases in Ontario.”

If you have experienced discrimination, you can file an application at the HRTO. The HRTO is responsible for accepting and resolving claims of discrimination.

Have questions about who you need to speak to in Ontario’s human rights system? Check out our previous video: “Ontario’s Human Rights System Explained.”

To learn more: