What to Know About the Human Rights Tribunal of Ontario

As a form of intersectional discrimination, Anti-Palestinian Racism falls under the Human Rights Code (“Code”) when it occurs in the following areas:

·       Employment

·       Housing

·       Goods, services, and facilities

·       Contracts

·       Membership in trade and vocational associations

As such, Palestinians and solidarity advocates in Ontario have increasingly turned to the Human Rights Tribunal of Ontario (HRTO) to seek remedies for incidents of Anti-Palestinian Racism involving certain institutions and individuals. Many of these applications are currently pending.

While the HRTO is the appropriate forum for these applications, there are frequent obstacles to accessing justice within the Tribunal in its current form. Here’s what you need to know if you are thinking about filing an application with the HRTO.

What is the HRTO?

The purpose of the Human Rights Tribunal of Ontario (HRTO) is to adjudicate applications within its jurisdiction alleging harassment and discrimination under the Code. Anti-Palestinian Racism may manifest in discrimination based on one or more of the following protected grounds: race, colour, ancestry, ethnic origin, place of origin, citizenship or creed.

The HRTO is meant to provide a more accessible path for hearing and resolving cases of harassment and discrimination outside the regular court system. There are no costs to filing an application, and one is not required to retain a lawyer to proceed.

However, the direct access model of the Tribunal may not work for everyone, as it requires significant time and effort to become familiar with the procedures and forms.

The Ontario Human Rights Legal Support Centre, which can provide representation and assistance to those going through the Tribunal, is means-tested, and only individuals within a specific income range qualify for financial assistance. As of 2021–2022, only 7% of applicants qualified for full legal representation.

The Legal Centre for Palestine suggests having someone familiar with the HRTO process assist you throughout. If you need legal assistance, reach out to the Centre via the legal support form to be matched with a legal professional who can help.

How does it work?

Applications filed after June 2025 are subject to mandatory mediation. Only when mediation is unsuccessful will a matter proceed to a hearing.

The benefits of mediation include faster access to resolution and the ability to negotiate a settlement directly with the respondent. The downside of mediation is that it usually leads to confidential settlements that serve little to no precedential or public interest purpose.

Formal hearings will generally take much longer to be scheduled. At a hearing, the Tribunal will determine whether your rights have been infringed under the Code and, if so, will order a remedy.

Remedies typically include monetary compensation, although the Tribunal may also direct the respondent to implement policy changes, undertake training, or make charitable contributions. There is no negotiation over remedies ordered by the Tribunal, unlike in mediation.

What are the issues with the current HRTO?

A key issue is that seats on the Tribunal are unfilled. With fewer adjudicators available to hear cases, delays increase, and the system may be more prone to error. There may also be pressure to resolve cases more quickly given the significant backlog.

Some HRTO decisions have been subject to judicial review by the Divisional Court. In some cases, the Court has found Tribunal decisions to be “unreasonable,” meaning they do not meet a defensible legal standard. When this occurs, the matter is typically remitted to the HRTO for rehearing.

Pursuing judicial review to correct HRTO errors requires time, resources, and legal representation. It can place significant stress on applicants and prolong the resolution of their applications. It undermines access to justice for those who need it most.

While these challenges are significant, the HRTO remains the primary forum for human rights applications. The good part—you do not have to go through the process alone. If you have experienced a rights violation due to your Palestinian identity or your advocacy, reach out to the Centre for support in understanding and navigating your options.

What do I do if my application is dismissed or I need legal support?

Even though the situation can be difficult, there are still ways to seek support and pursue accountability. It is important to keep in mind that the process can take time, and outcomes are not always immediate.

If you believe your application was dismissed unreasonably, you may wish to seek legal advice about next steps, including potential reconsideration or judicial review. Exercising your rights can be empowering, even when the process is challenging.

At the same time, it is important to consider the personal impact of engaging in a lengthy legal process, including stress and mental well-being.

If you believe your rights have been infringed, reach out. No one should lose their job, be silenced, or face discrimination because of who they are, what their political views are, or their expressions of solidarity with Palestine and the pursuit of human rights for all.