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Letter to Attorney General Doug Downey

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February 7, 2020

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Hon. Doug Downey
Attorney General
McMurtry-Scott Building, 11th Floor
720 Bay St
Toronto, ON M7A 2S9

Dear Attorney General Downey:

I hope this finds you well. Pursuant to the Agencies and Appointments Directive (AAD), please find attached a signed affirmation of the existing Memorandum of Understanding between the Ontario Human Rights Commission and Attorney General of Ontario (MOU). I request that you review and sign the affirmation at your earliest convenience.

As you know, the AAD requires each agency to have a current MOU signed by the chair and the minister. Within six months of any change in minister or chair, the parties must either sign a letter of affirmation or re-sign the existing MOU. The MOU is to be signed by the chair followed by the responsible minister.

Your predecessor, Minister Caroline Mulroney, affirmed the existing MOU on January 29, 2019. More than six months have elapsed since your appointment on June 20, 2019.

The AAD notes that MOUs promote mutual understanding of the roles and responsibilities of each party. The MOU is also an important assurance of the Ontario Human Rights Commission’s (OHRC) “capacity to function independently and impartially.” Because the OHRC’s autonomy from government and independence are not explicitly guaranteed by the Ontario Human Rights Code, the government must take other concrete steps to guarantee the independence and autonomy of the OHRC. Historically, that step has been the negotiation, signing and adherence to the MOU.

The MOU also states that it must be construed and applied in a manner consistent with “international human rights principles that guide development and protection of effective national institutions for the protection and promotion of human rights and of ensuring the pluralism of their membership and their independence.” These principles include the Paris Principles relating to the status of national institutions (1993) and Belgrade Principles on the relationship between national human rights institutions and parliaments (2012).

Since your government was elected on June 7, 2018, I have written to you and/or your predecessor at least 13 times pursuant to the MOU requirements. I have written to keep you informed of the OHRC’s affairs, to keep you informed of pending appointment vacancies, to offer recommendations for appointments and re-appointments, and to schedule regular meetings.

Despite multiple requests, I have never met with you or your predecessor pursuant to the MOU. Given this and the failure to consult me in advance of the January 2020 part-time Commissioner appointments, I am concerned that the failure to affirm the MOU may compromise the OHRC’s autonomy and independence from government and could result in Ontario failing to meet established international standards for human rights institutions. 

I look forward to hearing from you soon.

Sincerely,

Renu Mandhane, B.A., J.D., LL.M.
Chief Commissioner

cc.       Irwin Glasberg, Deputy Attorney General (Acting)

 


 

February 7, 2020

Hon. Doug Downey
Attorney General
McMurtry-Scott Building, 11th Floor
720 Bay St
Toronto, ON M7A 2S9

Dear Attorney General Downey:

As you are aware, under the Agencies and Appointments Directive (AAD), upon change in minister or chair of a provincial agency or tribunal cluster, both parties must sign a letter of affirmation that is attached to the exiting Memorandum of Understanding (MOU).

Therefore, I am confirming the existing MOU between the Ontario Human Rights Commission (OHRC) and the ministry. If you concur, please sign this letter to affirm and return the original hard copy by mail.

Sincerely,

Renu Mandhane, B.A., J.D., LL.M.
Chief Commissioner

 

We, the undersigned, affirm the current MOU between the Attorney General of Ontario and the Ontario Human Rights Commission.

Renu Mandhane                                                        Date: February 7, 2020 
Chief Commissioner

[original signed]

 

Hon. Douglas Downey                                               Date
Attorney General