Relevant Law and Process, Coursework Example

Part I

1. Personal contact information: Elsa and Doug Gardner
2. Alternative contact information:
3. Representative contact information:
4. Respondent contact information: Cornerstone Family Services.
5. Grounds of Alleged Discrimination

Cornerstone Family Services discriminated against Elsa and Doug Gardner from visiting their son Sam Gardner who was under full-time care in the institution. In their contract, Cornerstone Family Services and Elsa and Doug agreed to visit their son regularly on weekends and holidays to enhance a strong connection. Due to covid-19 restrictions and control measures, the institution restricted direct contact between Sam Gardner and his parents, and the parent feel that their rights of association with their son were violated.

6. Location and date

The alleged discrimination happened at the Cornerstone Family Services facility located north of Elsa and Doug’s home. The discrimination happened in the summer of 2020.

7. What Happened

The family of Sam was subjected to controlled visitation to their son, who was experiencing mental disabilities and was under the care of Cornerstone Family Services. Elsa and Doug could not interact with their son, who needed emotional support from his parents during the scary times of the pandemic. The child was discriminated against from experiencing parental love and parents were discriminated against from associating with their child.

8. How the Events You Described Affected You

The institution limited the rights and freedom of association. The long separation between Sam and his parents triggered stress and depression. The parents were denied to interact with their child against their will and the terms of the agreement with the institution. They underwent a scary moment of mental torture.

9. Remedy

Based on the mental and emotional harm the parents of Sam experienced, it will be fair if the institution compensates them financially. The institution should also compensate Sam for the psychological and emotional harm triggered by the events.

Part II

1. The scenario falls under section 1, which states that every person has a right to equal treatment and should not be discriminated against, and in this case, discrimination based on disabilities.
2. There are several ways to present an application to the HRTO. One can email the application to [email protected], mail it to their postal address, or send it via fax as provided in section 34.
3. Depending on the type of HRTO application the applicant decides to use, he or she has six months or a year to complete the application. This is covered in Section 34(1).
4. According to part III, section 27, a party in an application can be a lawyer or a witness who qualifies Human rights Code and has important information which can assist in solving the case.
5. in Part I and II, the tribunal must examine a situation and decide if somebody’s rights were infringed, and if so, it gives the best approach to address the issue.
6. After the tribunal states the time of the hearing, the applicant has 21 days to harmonize the evidence and information needed and file it with the tribunal. This is covered in section 38.
7. In section 13.17, the adjudicator will judge what is fair and establish which side will pay his fees. When the adjudicator has issued a judgment about compensation, the sides remain collectively and separately accountable for the adjudicator’s expenses.
8. The tribunal decision is not always the final, and if someone feels that the decision was unfair, they can appeal in the divisional court. Appeals are covered in part I, section 25.
9. Does the SPPA apply at the HRTO? How? SPPA works to support the functioning of HRTO by giving guidelines on how to address specific issues. For example, section 23(1), SPPA gives HRTO power for early dismissal of applications if they fail to meet criteria.

References

HRTO. Applicant’s Guide to Filing an Application with the HRTO. https://tribunalsontario.ca/documents/hrto/Guides/Applicants%20Guide.html

Human Rights Code, RSO 1990, c. H. 19, available online at: https://www.ontario.ca/laws/statute/90h19

The Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 https://www.ontario.ca/laws/statute/90s22

Tribunals Ontario. Rules of Procedure. Applications under the Human Rights Code, Part IV, R.S.O. 1990, c.H.19 as amended. https://tribunalsontario.ca/documents/hrto/Practice%20Directions/HRTO%20Rules%20of%20Procedure.html