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Business Plan 2020–21 – 2022–23

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1. Executive summary
2. Mandate
3. Overview of programs and activities
4. Environmental scan and risks
5. Strategic priorities and implementation plan
6. Human capital plan
7. Information technology (IT)/electronic service delivery (ESD) plan
8. Initiatives involving third parties
9. Communications plan
10. Diversity and inclusion plan
11. Multi-year accessibility plan
12. Three-year financial plan
13. Key performance indicators and measurements

 

1. Executive summary

The Ontario Human Rights Commission (OHRC) is an arm’s-length agency of the Ontario government established under the Ontario’s Human Rights Code (Code). The OHRC is one pillar of Ontario’s human rights system, alongside the Human Rights Tribunal of Ontario (HRTO) and the Human Rights Legal Support Centre (HRLSC). The OHRC’s function is to promote, protect and advance respect for human rights in Ontario, as well as to identify and promote the elimination of discriminatory practices. The OHRC works in many ways to fulfill this mandate, including through education, policy development, public inquiries and litigation.

The OHRC publicly released its 2017–22 strategic plan, Putting people and their rights at the centre, in December 2016. The OHRC has developed its operational plan and performance measures based on this plan, which includes four areas of focus: Indigenous reconciliation, the criminal justice system, poverty and education. The plan and performance measures also include building on foundational strengths, including the OHRC’s leadership voice, people and relationships and taking evidence-informed approaches to deliver practical guidance and solutions that build understanding and support for human rights protections.

Our priorities for the remaining years of the strategic plan, which will be continued as priorities for 2022–23, are reflected in this Business Plan. The OHRC anticipates starting the process to develop a new strategic plan in 2022–23.

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Key achievements for 2019

Indigenous reconciliation

  • In February 2019, the OHRC filed a Commission-initiated application relating to the deaths of two former residents of Fort Albany First Nation who were living in Timmins. The application alleges that Timmins-area service providers discriminated against these Indigenous individuals by failing to provide services that are consistent with the unique cultural and linguistic needs of Indigenous peoples. The OHRC application seeks public interest remedies that would require service providers to provide culturally competent and safe care, including translation services for Indigenous people, and to take steps to ensure that they hire and promote Indigenous peoples in their workplaces.
  • The OHRC successfully partnered with Pro Bono Students Canada to obtain funding in Spring 2019 to launch a new Indigenous Human Rights Program under Pro Bono Students Canada to serve Indigenous peoples.
  • In response to the OHRC’s call to action in April 2019, eight Ontario municipalities committed to taking actions to change or remove Indigenous-themed names, symbols and mascots from their sports facilities. The OHRC wrote to the mayors and city council of 40 municipalities following its November 2018 HRTO settlement in Gallant v City of Mississauga, which addressed the harmful impact of stereotypes on Indigenous youth by requiring Mississauga to remove from its sports facilities all Indigenous-themed mascots, symbols, names and imagery related to non-Indigenous sports organizations.
  • In May 2019, the OHRC and the Ontario Federation of Indigenous Friendship Centres (OFIFC) renewed an MOU, originally signed in July 2017, to work together with the ultimate goal of ending discrimination against Indigenous peoples in Ontario. The OFIFC and the OHRC are working closely to build the capacity and human rights knowledge of their respective staff, share information and data, engage on policy development and coordinate provincial advocacy.
  • In October 2019, the OHRC created an Indigenous Reconciliation Advisory Group comprised of 18 members from diverse First Nations, Métis and Inuit communities and groups. The advisory group will provide information, advice and feedback on various aspects of the OHRC’s work. The advisory group will also work with the OHRC to develop a strategy to address systemic racism, discrimination and inequality experienced by Indigenous peoples in Ontario, based on the vision and framework of the UN Declaration on the Rights of Indigenous Peoples.
  • In November 2019, on the recommendation of the OHRC, the City of Timmins adopted an Indigenous people engagement framework to meet the needs of Indigenous citizens and communities around Timmins. This initiative was a direct result of the OHRC’s engagement with the mayor and City of Timmins, Nishnawbe Aski Nation, the Cochrane District Social Services Administration Board and service providers and their commitment to work together to develop a comprehensive and integrated strategy to find sustainable solutions to homelessness.

Criminal justice system

Policing
  • In Spring 2019, the Ontario government passed the Comprehensive Ontario Police Services Act, which includes mandated human rights training, demographic representation on boards and the creation of community safety and well-being plans that address systemic discrimination. The OHRC engaged in several consultations with the government on policing reform, and in March 2019, made a submission on Bill 68, Comprehensive Ontario Police Services Act before the Standing Committee on Justice Policy.
  • In May 2019, the Supreme Court of Canada cited A Collective Impact, the interim report on the OHRC’s Inquiry into racial profiling of Black persons by the Toronto Police Service, with approval in its landmark decision, R v Le, 2019 SCC 34. The Supreme Court found A Collective Impact was “highly credible” and “authoritative” and helped to establish the “social context of the relationship between the police and racialized communities.”
  • In June 2019, the OHRC held a community meeting to update community and service providers on the next phase of its Inquiry. The OHRC obtained data related to use of force that does not result in serious injury or death along with adult charge, arrest and release data, and met with over 100 members of Black communities.
  • In September 2019, in a direct response to A Collective Impact and the Inquiry, the Toronto Police Services Board (TPSB) developed and passed its Policy on race-based data collection, analysis and public reporting. The policy is a historic step forward in the fight against racial profiling and anti-Black racism.
  • In September 2019, the OHRC released its Policy on eliminating racial profiling in law enforcement, at a news conference during the Ontario Association of Chiefs of Police’s (OACP) CEOs Day meeting. The Policy was released with the support of the OACP and the Ontario Association of Police Services Boards (OAPSB). This policy, the first of its kind in Canada, offers a revised and updated definition of racial profiling along with practical guidance to help law enforcement identify and end racial profiling. The OHRC, OACP and the OAPSB continue to discuss potential follow-up to promote the new Policy to police officers.
Corrections
  • In January 2019, a Thunder Bay judge issued a stay of proceedings in R. v Capay, a case in which the Chief Commissioner provided evidence. The judge found that Adam Capay’s four years of isolation, first brought to the public’s attention by the Chief Commissioner, had a “serious, profound” impact on his “psychological integrity” and violated his Charter rights. The Chief Commissioner subsequently wrote an op-ed calling for an end to the practice of segregation in jails, which was published in the Globe and Mail.
  • In March 2019, in Canadian Civil Liberties Association v Canada, the Ontario Court of Appeal relied on the OHRC’s intervening submissions in unanimously holding that administrative segregation of any prisoner for more than 15 days is cruel and unusual treatment, contrary to s. 12 of the Charter of Rights and Freedoms. The Court found that “administrative segregation causes foreseeable and expected harm which may be permanent,” and concluded that segregation beyond 15 days “outrages standards of decency.”
  • The OHRC also raised public awareness about conditions in prison facilities, the use of long-term segregation and inadequate training for correctional officers by touring the Elgin-Middlesex Detention Centre and the Hamilton Wentworth Detention Centre, publicly reporting on the conditions of confinement to the Solicitor General, and subsequent media engagement.
  • In November 2019, the OHRC successfully partnered with the OPSEU Corrections Management-Employee Relations Committee (MERC) to provide a 2020 pre-budget consultation submission focused on correctional reform.

Poverty

  • As a result of OHRC involvement, the Kenora emergency homeless shelter was reopened with greater communication between Ne-Chee Friendship Centre, the Kenora District Services Board, the City of Kenora and Indigenous stakeholders.
  • In September 2019, the OHRC released a report and recommendations on homelessness in Kenora following the closure of the Kenora emergency shelter, and the disproportionate negative impact it would have on Indigenous peoples and vulnerable community members.
  • In September 2019, the OHRC established a Poverty Advisory Group to provide advice and feedback to guide its work on poverty. The advisory group is comprised of seven members from diverse sectors who have substantive knowledge of the issues around poverty and human rights.
  • The OHRC is intervening in Fulton v Guan, a HRTO Application challenging the shared accommodation defence in section 21(1) of the Ontario Human Rights Code on the basis that it unjustifiably violates the section 7 and 15 Charter rights of people with disabilities. The Applicant, who is blind and relies on ODSP, was denied housing expressly because of his disability. Due to the fact that the room he wanted to rent shares a kitchen and/or bathroom with the owner, section 21(1) of the Code provides a complete defence to the landlord.
  • In September 2019, the OHRC made closing submissions in the HRTO case of Al-Turki v Ontario (Ministry of Transportation), arguing that Convention Refugees like Mr. Al-Turki are discriminated against because of place of origin and citizenship. While an Ontario government policy states that foreign-licensed drivers can be exempt from the one-year waiting period if they provide written authentication of their foreign driving experience from their home country, Convention Refugees cannot obtain written authentication because they have a well-founded fear of persecution from their home countries.

Education

  • In March 2019, the OHRC released a YouTube two-part video series providing training on the OHRC’s Policy on accessible education for students with disabilities.
  • In May 2019, the Ministry of Education adopted an OHRC recommendation for its Policy/Program Memorandum (PPM) on service animals in schools: recognizing that the duty to accommodate disability also includes disability needs not related to learning needs.
  • In August 2019, the OHRC was vindicated when the government released an inclusive 2019 Health and Physical Education curriculum. The OHRC fought for an inclusive curriculum through its intervention in AB v Ministry of Education before the HRTO. The OHRC issued a statement following the government release of the updated curriculum urging school boards and teachers to address LGBTQ2+ identities as much as possible when teaching the Human Development and Sexual Health curriculum – and to embed this learning in other parts of the curriculum, and in other school programs and activities.
  • In October 2019, the OHRC launched Right to Read, a public inquiry into human rights issues that affect students with reading disabilities in Ontario’s public education system. As part of its inquiry, the OHRC launched a survey for students with reading disabilities and their parents to help the OHRC understand and report on the student experiences and assess whether public schools are using scientific evidence-based approaches to give students with reading disabilities meaningful access to education as required by the Ontario Human Rights Code. The OHRC wrote to eight school boards as a representative sample to request documents, data and information to assess the boards against five benchmarks that are part of an effective systematic approach to teaching all students to read. The OHRC is also holding public hearings and community meetings.
  • In November 2019, following a letter from the OHRC, the Toronto Catholic District School Board (TCDSB) voted to amend its Code of Conduct to include gender identity, gender expression, family status and marital status. The OHRC called on the board to bring its Code of Conduct in line with the Human Rights Code and the requirements mandated by the Ministry of Education.

Foundational strengths

Leadership voice
  • Between January and December 2019, the OHRC published 31 submissions, letters or public comments making recommendations or providing advice on various legislation, regulations, policies and programs.
  • The Chief Commissioner attended 15 speaking engagements reaching approximately 2,470 people.
  • In March 2019, the government released the Honourable David Onley’s report of the Third AODA Review. Mr. Onley's recommendations reflected 12 of the 17 recommendations the OHRC made in its 2018 submission. In his report, Mr. Onley said that the barriers identified in the OHRC’s Policy on accessible education for students with disabilities “strengthened the case” for new education standards.
  • In June 2019, the OHRC partnered with the Canadian Human Rights Commission (CHRC) to raise public awareness about how Facebook’s advertising platform facilitates housing and employment advertising that excludes people based on personal characteristics. The OHRC and CHRC asked Facebook to take steps to prevent this from occurring in Canada and to commit to implementing measures similar to those it would be rolling out on its US platform to prevent this kind of discriminatory advertising. Discussions with Facebook are ongoing.
  • In July 2019, the OHRC successfully engaged with the Secretary of Cabinet regarding concerns related to anti-Black racism in the Ontario Public Service, which led to an announcement of initiatives relating to leadership diversification and the Ontario Public Service Workplace Discrimination and Harassment Policy review.
  • The OHRC engaged with international and comparative jurisdiction organizational leaders to provide expert advice on environmental racism and human rights issues in policing. These leaders included representatives from the United Nations Special Rapporteur on human rights and hazardous substances and wastes, the Irish Policing Authority, Legal Aid from Victoria, Australia and Justices from Armenia, Georgia and Ukraine.
Our people and relationships
  • The OHRC released Communities for change, the 2019 report on its Community Advisory Group and community engagement strategy, which included creating initiative-specific advisory groups.
  • In October 2019, the OHRC established the Employer Advisory Group as a forum for the OHRC to deepen its relationship with business leaders, understand the challenges they face, and benefit from their experience, expertise and best practices in meeting obligations under the Human Rights Code. The advisory group is comprised of 15 heads or executive level individuals from industry umbrella groups.
  • The OHRC hosted its third annual Community Advisory Group Summit over two days in November 2019. Approximately 30 representatives serving diverse communities across Ontario offered their expertise, lived experience and insight on commitments made in the OHRC’s strategic plan. The theme of the Summit is Ne-maam-mweh, an Ojibwe term that means “we are together as one.” The summit included discussion on a range of key human rights issues in Ontario, and themes that emerged included hate and discrimination experienced by racialized and religious communities, marginalization and exclusion of people living in poverty, and Indigenous reconciliation.
Evidence-informed approaches
  • The OHRC developed key performance indicators to measure its progress in achieving commitments set out in the strategic plan. In September 2019, the OHRC secured access to the online survey platform Qualtrics and designed stakeholder surveys to get feedback on select key performance indicators set out its 2017–22 Strategic Plan. In October 2019, the surveys were sent to over 300 stakeholders. The OHRC is reviewing and analyzing the data received.
Practical guidance and solutions
  • OHRC staff delivered 48 speeches and free public education sessions across the province, reaching more than 2,800 people to update them on human rights.
  • Over a one-year period from October 2018 to September 2019, the OHRC’s website had approximately 159,434 unique views of its eLearning modules. The most viewed module was Working Together: The Code and the AODA.

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2. Mandate

The OHRC was established in 1961 as an arm’s-length agency of government, to prevent discrimination and to promote and advance human rights in Ontario. The OHRC is one pillar of Ontario’s human rights system, together with the Human Rights Tribunal of Ontario (HRTO) and the Human Rights Legal Support Centre (HRLSC).

Under the Ontario Human Rights Code (Code), the OHRC has a broad statutory mandate to promote, protect and advance respect for human rights, and to identify and promote the elimination of discriminatory practices. The OHRC promotes and enforces human rights to create a culture of human rights accountability. The OHRC works in many ways to fulfill this mandate, including through education, policy development, public inquiries and litigation.

Section 29 of the Code states that the functions of the OHRC are to “promote and advance respect for human rights in Ontario, to protect human rights in Ontario and, recognizing that it is in the public interest to do so and that it is the Commission’s duty to protect the public interest, to identify and promote the elimination of discriminatory practices” and, more specifically:

(a) To forward the policy that the dignity and worth of every person be recognized and that equal rights and opportunities be provided without discrimination that is contrary to law
(b) To develop and conduct programs of public information and education

(i) to promote awareness and understanding of, respect for and compliance with this act, and
(ii) prevent and eliminate discriminatory practices that infringe rights under Part I

(c) To undertake, direct and encourage research into discriminatory practices and to make recommendations designed to prevent and eliminate such discriminatory practices
(d) To examine and review any statute or regulation, and any program or policy made by or under a statute, and make recommendations on any provision, program or policy that in its opinion is inconsistent with the intent of this act
(e) To initiate reviews and inquiries into incidents of tension or conflict, or conditions that lead or may lead to incidents of tension or conflict, in a community, institution, industry or sector of the economy, and to make recommendations, and encourage and coordinate plans, programs and activities, to reduce or prevent such incidents or sources of tension or conflict
(f) To promote, assist and encourage public, municipal or private agencies, organizations, groups or persons to engage in programs to alleviate tensions and conflicts based upon identification by a prohibited ground of discrimination
(g) To designate programs as special programs in accordance with section 14
(h) To approve policies under section 30
(i) To make applications to the Tribunal under section 35
(j) To report to the people of Ontario on the state of human rights in Ontario and on its affairs
(k) To perform the functions assigned to the Commission under this or any other act. 2006, c. 30, s. 4.

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OHRC vision, mission and values

Vision: An inclusive society where everyone takes responsibility for promoting and protecting human rights; where everyone is valued and treated with equal dignity and respect; and where everyone’s human rights are a lived reality.

Mission: To promote and enforce human rights, to engage in relationships that embody the principles of dignity and respect, and to create a culture of human rights compliance and accountability. We act as a driver for social change based on principles of substantive equality. We accomplish our mission by exposing, challenging and ending entrenched and widespread structures and systems of discrimination through education, policy development, public inquiries and litigation.

Values

  • Respectful, engaged, trusting and collaborative relationships: We will engage in respectful, trusting and collaborative relationships, and put the lived-experience of people at the centre of our work.
  • Transformative approaches: We will be courageous, persistent, creative and innovative in pursuing systemic change and real impact.
  • Integrity: We will be principled and independent in advancing and securing substantive equality.
  • Accountability: We will be transparent and accountable to the people of Ontario both in terms of the pursuit of our mandate and the use of our resources.

The OHRC’s mandate, vision and mission and values align with those of the Ministry of the Attorney General, including the vision of an innovative, sustainable and responsive justice system that inspires public confidence and upholds the rule of law.

OHRC governance and operation

Under the Code, the OHRC is composed of persons (Commissioners) appointed by the Lieutenant Governor in Council (LGIC) who have knowledge, experience or training in human rights law and issues, and who broadly reflect the diversity of Ontario’s population. The LGIC also appoints a Chief Commissioner.

The Chief Commissioner and the Attorney General have entered into a Memorandum of Understanding (MOU) which sets out the OHRC’s accountability to, and independence from, government. Pursuant to 11.2 of the MOU, the Chief Commissioner’s responsibilities include, but are not limited to:

  • Keeping informed of human rights issues and trends, domestic and, as appropriate, international, and of the activities, performance and expenditures of the Commission in order to advise and make recommendations to the minister
  • Meeting with the minister to discuss possible corrective action if the Commission forms the opinion that serious questions of public importance have arisen about the government's compliance with the Code
  • Carrying out effective public communications as the Commission's chief spokesperson
  • Communicating Commission policy and strategic directions to the Executive Director
  • Monitoring the performance of the Commission to ensure the implementation of the Commission's goals and long-term vision
  • Keeping the minister informed of pending appointment vacancies and offering recommendations for appointments and reappointments
  • Submitting the Commission's annual report to the Speaker of the Legislative Assembly in accordance with section 31.6(2) of the Code.

OHRC Commissioners are responsible for helping the Chief Commissioner provide strategic leadership and direction, including setting the OHRC’s mission, vision, goals, objectives and strategic direction. For example, Commissioners develop and approve the OHRC’s strategic plan, annual report and business plan, and evaluate the OHRC’s performance and impact. Commissioners also make recommendations, and review and approve major initiatives, including litigation, public inquiries and human rights policies.

OHRC Commissioners and staff broadly reflect the community and also engage with community members regularly. This includes:

  • Meeting and consulting with community and advocacy groups and people with lived experience and expertise to inform our ongoing work (for example, through meetings with individuals, town halls, roundtables and online surveys)
  • Providing training to community groups and respondents
  • Organizing training days, such as “Taking it Local”
  • Attending community events on behalf of the OHRC
  • Responding to formal and email correspondence, and telephone and website inquiries
  • Engaging with the public on social media.

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3. Overview of programs and activities

The OHRC is engaged in activities within the focus areas in our Strategic Plan:

  • Embodying human rights by engaging in sustained trusting relationships with Indigenous communities that are built on dignity and respect, and by working to advance reconciliation and substantive equality
  • Enforcing human rights and seeking accountability in the criminal justice system
  • Advancing human rights law addressing poverty within a human rights framework
  • Promoting and strengthening a human rights culture of rights and responsibilities, with a special focus on educating children and youth in our education system and addressing systemic discrimination in our education system.

The OHRC’s current and planned activities in these areas include, but are not limited to:

Reconciliation
  • Building our internal capacity to be a credible, trustworthy and knowledgeable agent to advance reconciliation and equality
  • Recognizing and reflecting the historical and enduring ways that colonialism continues to affect Indigenous peoples and communities and continues to shape our institutions and systems
  • Enhancing our knowledge and understanding of current issues and needs affecting Indigenous peoples and communities
  • Engaging our Commissioners and senior leaders in dialogue with Indigenous leaders and communities to form sustainable and trusting relationships with First Nations, Métis and Inuit communities in urban and rural areas throughout Ontario, while acknowledging their status as nations
  • Deepening our analysis and understanding of human rights through reconciliation with Indigenous cultures, laws, concepts of collective community rights and responsibilities, treaties, and the UN Declaration on the Rights of Indigenous Peoples
  • Engaging in collaboration with Indigenous communities and groups to respond to and address systemic racism, discrimination and inequality
  • Leveraging the opportunities presented through government commitments to reconciliation.
Criminal justice system
  • Leveraging current government-led initiatives related to the criminal justice system to make sure that systemic discrimination is acknowledged and addressed
  • Engaging strategically with efforts currently underway to address racial profiling in policing
  • Using our promotion and education functions to make sure that the legal profession and judiciary are able to identify and challenge systemic discrimination
  • Using our public inquiry functions strategically to highlight the lived experience of people who come into contact with these systems
  • Activating our powers to intervene and initiate applications before the HRTO, courts and other tribunals to further transparency and accountability
  • Monitoring, enforcing and reporting on compliance with human rights obligations and policies in these systems.
Poverty
  • Bringing to light the lived reality of people who experience poverty, homelessness and hunger, and fostering public conversation that explores the links between poverty and systemic discrimination. Exposing to the public and human rights “duty holders” how poverty further entrenches marginalization and vulnerability
  • Using our expertise in policy research and development to deepen policy, legal analysis and understanding of human rights by making connections between Ontario’s human rights framework and international human rights conventions and treaties, including the International Covenant on Economic, Social and Cultural Rights
  • Using our expertise in policy research and development to deepen analysis and understanding of ways that seemingly neutral systems intersect to create, amplify and accelerate dynamics of systemic discrimination, economic marginalization and social exclusion
  • Bringing a human rights lens to government and community strategies aimed at addressing poverty, homelessness and hunger.
Education
  • Taking steps to have human rights integrated as an essential aspect of Ontario’s education system
  • Conducting targeted public education with children and youth about human rights and responsibilities and the human rights system
  • Providing opportunities for children and youth to exercise leadership on human rights issues
  • Strategically engaging with and leveraging social media communications
  • Identifying and addressing the systemic discrimination children and youth face in education.
Foundational strengths
  • Leadership voice: We will clearly communicate why and how people’s experiences are human rights issues. We will speak out about the human toll and cost of discrimination. We will retain capacity to respond strategically to critical and emerging issues across all Code grounds and social areas. We will provide human rights solutions.
  • Our people: We value our people. We will strengthen our organizational culture to foster collaboration, support the achievement of goals, and embody human rights best practices.
  • Our relationships: We will continue to cultivate our relationships with a broad range of individuals, groups, organizations and institutions, including government, NGOs, community groups and human rights duty holders (for example, employers, housing and other service providers). We will continue to strengthen our relationships with the other two pillars of the human rights system, the HRLSC and the HRTO.
  • Evidence-informed approaches: We will prioritize evidence-informed approaches to understand the state of human rights and systemic discrimination in Ontario, and to evaluate our own work. Recognizing the need to collect both quantitative and qualitative data, we will use data to be able to show our relevance and the impact of our work. We will promote a work environment that champions and rewards continuous learning and evaluation.
  • Practical guidance and solutions: We will strive to ensure that duty holders translate policy into practice in a way that delivers a lived experience of human rights.

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4. Environmental scan and risks

This year, the OHRC established three advisory groups in addition to the Community Advisory Group (CAG), which was formed in 2017: the Indigenous Reconciliation Advisory Group, the Employers Advisory Group and the Poverty Advisory Group. Section 31.5 of the Code allows the Chief Commissioner to establish advisory groups to advise the OHRC about eliminating discriminatory practices that infringe rights under the Code. These groups provide forums for the OHRC to enrich its understanding of environmental factors and critical and emerging issues relevant to its work, create durable relationships that can be leveraged on both an ad hoc and structured basis throughout the year, and to get genuine feedback on the OHRC and its work.

CAG members have expertise across the four focus areas outlined in the Strategic Plan, while members of the three new advisory groups have deep expertise in issues relating to Indigenous peoples, the employment landscape and poverty. The OHRC’s relationships with all four advisory groups are set out in individual Terms of Reference.

In our midyear survey of CAG members (June 2019) and at this year’s Annual CAG Summit (November 21 and 22, 2019) members were asked to provide an environmental scan from a community perspective. CAG members identified the following concerns:

  • Continued importance of human rights organizations and defenders
  • Impunity for hate and discrimination experienced by racialized and religious communities
  • Marginalization and exclusion of people living in poverty
  • A lack of genuine commitment to Indigenous reconciliation.

While advisory group members have identified significant environmental challenges to advancing human rights in Ontario, a study by Environics Institute and the Canadian Race Relations Foundation, Race Relations in Canada 2019, confirmed that racism is a reality in Canada and that reality is widely acknowledged. [1] The study report showed that majorities of Canadians who are Black (54%) or Indigenous (53%) have personally experienced discrimination due to race or ethnicity from time to time if not regularly. The report stated that this experience is also evident but less widely reported by people who are South Asian (38%), Chinese (36%), from other racialized groups (32%), or White (12%). [2]

According to the report, most Canadians acknowledge that racialized Canadians experience discrimination either often or at least occasionally. Specifically, Canadians are most likely to believe that Indigenous peoples (77%), Black people (73%), and South Asians (75%) experience discrimination often or occasionally. Very few (5%) say that racialized Canadians never experience discrimination. [3]

When Employer Advisory Group members were canvassed, they voiced the following:

  • Frustration with adjudicative processes before the HRTO
  • Confusion around the requirements for employers under the various statutory schemes
  • The need to recognize that hiring and retention of Code-protected groups, especially people with disabilities, newcomers and women, is a business imperative in light of widespread labour shortages in many sectors – this includes skilled and unskilled labour
  • The need for practical guidance to comply with the Code.

Strong human rights protections are crucial to our society, and ensure that freedom from discrimination means that diverse individuals who call Ontario home are able to contribute to their communities to make them stronger and more prosperous.

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5. Strategic priorities and implementation plan

Strategic priority

Strategic outcomes

Project/initiative implementation strategies

Timelines

Reconciliation

Interpret the Ontario Human Rights Code to give effect to the UN Declaration on the Rights of Indigenous Peoples (UN Declaration)

 

Culturally relevant and safe services are provided to Indigenous peoples

Progress on the implementation of the UN Declaration strategy

  • Indigenous Reconciliation Advisory Group established
  • In-person meeting of advisory group
  • Advisory group direction on focus of policy work.
     

Commission enforcement action that focuses on culturally safe services

  • Knapaysweet and Sutherland
  • Gallant v City of Mississauga

 

Completed
Spring 2020
Spring 2020

 

 

Ongoing
Ongoing

Strategic priority

Strategic outcomes

Project/initiative implementation strategies

Timelines

Criminal justice

Accountability for racial profiling and effective strategies to end it

 

 

 

 

 

 

 

Non-discriminatory treatment of prisoners with mental health disabilities

Fifteen-day cap and independent oversight of segregation placements

Policy guidance to address racial profiling

  • In partnership with OACP submit funding proposal to create and roll out a tool kit to address racial profiling to police services

Education sessions on racial profiling

  • Number of sessions provided to policing stakeholders

Commission enforcement action to address racial profiling

  • Release final report on the Inquiry into racial profiling and racial discrimination of Black people by the Toronto Police Service

Engagement with ministry regarding segregation

Commission enforcement action to address segregation

  • Release of Independent Reviewer final report in Jahn v Ontario

 

Spring 2020

 

 

Ongoing

 

Summer 2020

 

Ongoing

 

Spring 2020

 

 

Strategic priority

Strategic outcomes

Project/initiative implementation strategies

Timelines

Poverty

Enhanced public understanding of the lived experience of poverty

Recognition of freedom from poverty as a fundamental human right

Progress on the poverty strategy

  • Poverty Advisory Group established
  • Advisory group direction on focus of policy work
  • Create a project plan for engagement with stakeholders on understanding poverty as a human rights issue
  • Implement project plan
     

Commission enforcement action that focuses on recognition of freedom from poverty as a fundamental human right

  • Fulton v Guan intervention before the HRTO
  • Issues related to housing and development in Ottawa

 

Completed
Spring 2020
Spring 2020

Spring 2020-Spring 2021

 

 

Spring 2020
Spring 2020

Strategic priority

Strategic outcomes

Project/initiative implementation strategies

Timelines

Education

Inclusive and accessible education for children with disabilities

 

 

Educators have relevant resources to teach students about human rights and responsibilities

Enforcement activity conducted related to disabilities in education

  • Reading disabilities inquiry

 

Education Advisory Group established

  • Advisory group direction on focus of policy work

Develop learning materials for human rights education in schools

 

Ongoing to Fall 2020

 

Spring 2020
Spring 2020

Fall 2020

 

Strategic priority

Strategic outcomes

Project/initiative implementation strategies

Timelines

Evidence-informed approaches

Promoting mandatory human rights-based data collection in key sectors, including policing, corrections, education, child welfare and health

Improving our processes for evaluation and continuous improvement

Toronto Police Service Ontario Association of Chiefs of Police

Anti-Racism Directorate

Conducting base-line surveys of CAG, EAG, Indigenous, Poverty, Police, Education stakeholders

Using survey-based methodologies in OHRC Inquiry and policy work

  • Reading Disabilities Inquiry

Ongoing

 

 

Ongoing

 

Ongoing

 

Strategic priority

Strategic outcomes

Project/initiative implementation strategies

Timelines

Leadership voice

Leadership on critical and emerging human rights issues

Actions taken to leverage or enhance the OHRC’s leadership in human rights, including Chief Commissioner speeches, public education sessions, media engagement and social media presence

Ongoing

Our people

Improved OHRC employee experience

OHRC People First Action Plans on Recognition, Communication, and Hiring/Career Advancement

OPS Employee Experience survey

Ongoing

Ongoing

Practical guidance and solutions

Practical guidance that helps employers to meet their human rights obligations

Employer advisory group established

Advisory group directs specific work on practical guidance for employers

Updated Human Rights 101 elearning

 

Completed

Spring 2020

Spring 2020

 

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6. Human capital plan

The OHRC adheres to all Ontario Public Service (OPS) policies, directives and guidelines related to human resources management, and works with the Ministry of the Attorney General to comply with all applicable administrative standards.

Over the next three years, the OHRC will need to continue to adapt its human capital strategy to manage budget constraints while ensuring it has the capacity and appropriate resources in place to meet current and future business needs.

Commissioners

Renu Mandhane was appointed OHRC Chief Commissioner for an initial two-year term, on October 30, 2015. She was re-appointed to a three-year term on October 30, 2017. The Chief Commissioner, who is the only full-time Commissioner appointee, oversees all other part-time Commissioner appointees.

Part-time Commissioners reflect the diversity of the province and provide strategic direction and governance, and ensure that the OHRC acts in the public interest. In 2019, six part-time Commissioners’ terms ended.

Part-time
Commission members

Tenure

From

To

Mendes, Errol

08-Sep-2009

07-Sep-2019

Gusella, Mary

24-Feb-2016

24-Nov-2019

Drake, Karen

22-Jun-2016

21-Jun-2019

McKenzie, Kwame

22-Jun-2016

21-Jun-2019

Porter, Bruce

30-Jun-2016

29-Jun-2019

Tchatat, Léonie

02-Feb-2017

01-Feb-2019

Employees

Representation category

Actual FTE positions

Funded FTE positions

Classified

Unclassified

Classified

Unclassified

ALOC

5

2

6

1

AMAPCEO

9

3

21

0

MCP

4

1

5

0

OIC

1

0

1

0

OPSEU

3

2

15

0

SMG

1

0

1

0

TOTAL STAFF

23

8

49

1

Temporary

3

(as of December 31, 2019)

Organizational Chart

Office of the Chief Commissioner

  • Chief Commissioner
  • Executive Advisor
  • Administrative Scheduling Coordinator

Office of the Executive Director

  • Executive Director and Chief Legal Counsel
  • Administrative Assistant

Centralized Corporate Services

  • Chief Administrative Officer
  • Financial Analyst
  • IT Technical Lead
  • Technical Support Analyst
  • Web Administrator Developer
  • Network Specialist
  • Coordinator, Administrative Services
  • Administrative Clerk (2)

Communication and Issues Management

  • Manager
  • Executive Assistant
  • Issues and Media Relations Officer (Des)
  • Senior Communications Officer
  • Information Officer (1) (1 Des)
  • Special Events Coordinator
  • Analyst Issues Coordinator
  • Correspondence Coordinator

Legal Services and Inquiries

  • Manager
  • Counsel (6)
  • Legal Administrative Secretary
  • Inquiry Analyst (3) (1 Des)
  • Articling Student

Policy, Education, Monitoring and Outreach

  • Director
  • Administrative Assistant
  • Senior Policy Analyst (5) (1 Des)
  • Human Rights Education and Change Specialist (1) (1 Des)
  • Public Education and Outreach Officer (2)
  • Electronic Education Specialist

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Human capital goals

Our staff and leadership are integral to the success of the OHRC. Over the next three years, we will continue to focus on creating a positive work environment and supportive work culture. We will work to improve individual and organizational well-being and connectedness through:

Ensuring that each staff member feels valued and recognized

  • Motivating employees by highlighting achievements and emphasizing the positive impact of our work
  • Recognizing staff for their hard-work and contributions (e.g., management sending weekly/monthly recognition emails)
  • Nominating staff for awards and honours (e.g., Amethyst Awards, Canadian HR Awards).

Fostering teamwork and collaboration

  • Creating interdisciplinary teams to work across branches on various projects
  • Promoting employee engagement by:
    • Organizing all-staff meetings and training events (based on staff input)
    • Running branch “open houses,” where staff get to learn about their coworkers and the work of other branches
    • Providing regular opportunities for staff to gather in an informal way (e.g. all-staff potlucks and Christmas lunches).

Improving employee buy-in

  • Ensuring that each employee can identify the connection between their role and the fulfillment of the OHRC’s vision, mission, goals and objectives
  • Providing more opportunities for staff involvement in the issues identification and business planning processes
  • Continuing to refine our onboarding process so that new employees receive all the tools, training and information they need to be successful in their roles
  • Understanding and leveraging the unique strengths and expertise of each staff member.
  • Effective leadership and accountability
  • Promoting a “People-First” culture in the workplace
  • Management understanding and acting on feedback from the annual employee experience survey
  • Timely information sharing (e.g., circulation of Senior Management Committee meeting minutes, Executive Director reports, and Commission meeting minutes to all staff)
  • Maintaining effective performance management processes that ensure each employee receives the training and support they need to achieve their personal and professional goals
  • Management facilitating open communication and constructive feedback by adopting an “open-stance” approach to their interactions with staff, other managers and Commissioners.

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Human capital initiatives

At the staff level, the OHRC values personal and professional development, diversity and inclusion, and work-life balance. Some of the initiatives we have undertaken or are ongoing to promote these values are:

Personal and professional development

  • As part of the OHRC’s onboarding process, managers provide orientation and training to new staff members to help familiarize them with the organization, their roles and accompanying expectations.
  • When a new employee has settled into their role, managers will work with them to prepare a professional development plan that outlines their career goals, the organization’s business needs, required knowledge/skills/abilities, and the resources needed to support their ongoing learning and development. From there, professional development plans are reviewed regularly with the employee to assess progress, provide feedback and make changes if necessary.
  • To build competency, staff are encouraged to take internal courses offered by OPS Learning and Development, and if permissible, external courses related to their professional development plans.
  • Whenever possible, management supports internal development opportunities, career advancement opportunities in and out of the OPS/BPS, and are available to provide coaching and mentorship.
  • To support career growth, the OHRC organized a “Resume Writing and Interview Skills” workshop for its staff.

Diversity and inclusion

  • The OHRC has a diverse workforce, and sees diversity as its strength. As of December 31, 2019, we have slightly more staff that identify as females than as males, ranging in age from 26 to 63, and are representative of different races, ethnicities, creeds and countries of origin. Our staff bring a diverse set of skills and experiences to the organization, having come from a variety of educational and professional backgrounds.
  • To attract a diverse group of candidates for potential job openings, in addition to standard job postings on the OPS Careers website, the OHRC has advertised in ethnic and multicultural newspapers, and sent out job notices to its diverse network of contacts and stakeholders. The OHRC also did targeted Indigenous recruitment.
  • The OHRC’s diversity and inclusion plans outline policies and processes that promote mutual respect and understanding, and support the idea of people with different backgrounds and viewpoints coming together and collaborating effectively to produce innovative solutions to important human rights issues in Ontario.
  • The OHRC’s commitment to diversity and inclusion is further evidenced in the designated bilingual (French) positions we maintain in branches that interact regularly with the public. These positions bring a French-language perspective to our work, and enable us to serve Ontario’s Francophone community.
  • The OHRC’s inclusion efforts also include developing individual accommodation plans for employees with health issues and/or disabilities, and generally providing each employee with the tools and support they need to participate in and contribute to the success of the organization.

Work-life balance

  • The OHRC understands that our employees have commitments and challenges outside of work that may require accommodation at times. To accommodate staff needs, alternative work arrangements such as flexible work hours and compressed work weeks are made available in accordance with OPS human resources policies.
  • Additionally, employees may request other flexible work arrangements, including work from home on a case-by-case basis.

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Human capital challenges

The OHRC’s business needs are evolving, as human rights issues increase in complexity and public profile. Some of the human capital challenges we foresee in keeping pace with this changing landscape are:

Aligning resources with shifting business needs
  • Effectively delivering on our strategic priorities requires certain skills and competencies. In particular, the OHRC will need staff with:
  • Advanced knowledge of qualitative and quantitative data collection and analysis to support an evidence-based approach to our work
  • Investigative knowledge and experience to conduct complex inquiries under the Code
  • Expertise in creating and maintaining electronic/online resources (e.g., social media, website).

Initiatives undertaken to address this challenge

  • Due to budget limitations, hiring additional resources with the required skillsets may not be possible. The OHRC will look to build capacity from within by developing existing staff and outsourcing requirements where necessary.
Resource limitations
  • Budget and resource limitations will require the OHRC to be more selective with its public engagement, outreach and education activities, which may restrict the OHRC’s ability to meet its provincial mandate.

Initiatives undertaken to address this challenge

  • The OHRC uses interactive online communication tools, like webinars, to achieve a cost-effective, province-wide reach.
  • Senior management and Commissioners look for ways to reduce costs at every stage of the business planning and implementation process (e.g., by partnering with other organizations on various projects).
  • The OHRC uses feedback from “Taking it Local” events, community tours, public consultations, surveys and other stakeholder engagement activities to determine priority areas.
  • The OHRC leverages its advisory group members, Commissioners and their networks to stay informed of critical and emerging issues in communities across Ontario.
Improving Indigenous cultural competency
  • As part of its commitment to Indigenous reconciliation, the OHRC is looking to improve Indigenous cultural competency among its staff.
  • Building effective working relationships with Indigenous communities requires in-depth knowledge and understanding of Indigenous history, culture and issues. To fully appreciate the circumstances of Indigenous peoples in Ontario/Canada requires staff with lived experience and/or extensive experience working with Indigenous communities.

Initiatives undertaken to address this challenge

  • The OPS has recently introduced mandatory Indigenous Cultural Competency Training for its employees, delivered through the San’yas Indigenous Cultural Safety Training Program.
  • The OHRC regularly invites Indigenous Elders and Knowledge Keepers to speak at our events and share their knowledge and experiences.
  • The OHRC is actively recruiting for staff with lived experience and/or extensive experience working with Indigenous communities through tailored (Indigenous-focused) job ads and targeted advertising.
Improving employee engagement
  • Keeping employees motivated and engaged is a challenge for any organization.

Initiatives undertaken to address this challenge

  • The OHRC has developed a detailed employee engagement plan, which draws on the Employee Experience survey results and branch-specific action plans.
  • The plan includes more opportunities for staff to engage with senior management and Commissioners, greater efforts to recognize staff contributions, and internal communications plan, more social/team-building activities and more all-staff meetings and training events (based on staff input).

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Human resource needs for OHRC priorities

Leadership team: to guide the organization towards achieving its vision, mission, goals and objectives.

The Chief Commissioner’s Office (CCO) provides strategic direction and guides the OHRC in setting its vision, mission, goals and objectives. The office ensures that the OHRC carries out its statutory functions in a way that protects and promotes human rights in Ontario at both the government and community levels.

The Chief Commissioner and Commissioners are responsible for evaluating the OHRC’s progress in meeting its stated objectives, and for conducting public communications and stakeholder relations activities.

The Executive Director’s Office (EDO) provides strategic leadership to the OHRC’s senior management team, oversees the development and implementation of business and operational plans, and leads the planning and execution of organizational improvement initiatives. The EDO is also responsible for addressing Freedom of Information requests and Ombudsman issues.

Individual branch managers help to operationalize the OHRC’s strategic plan by overseeing branch functions and providing guidance to staff.

3-year outlook: The Leadership team will continue to ensure that the OHRC is working effectively and efficiently in meeting the organization’s goals. This team will focus on greater accountability through enhanced performance management; strengthening project management through specific initiatives including training and increased reporting; improving technology through migration to shared OPS Enterprise services; making greater use of evidence-based approaches such as surveys and key performance indicators; and building competency and capacity through recruitment and ongoing learning and development.

Centralized Corporate Services (CCS) team: to provide information technology, human resources, financial and facilities management support to program areas. The unit is also responsible for ensuring that the OHRC meets it Certificate of Assurance commitments, and complies with all applicable OPS policies and directives.

3-year outlook: The CCS team will continue to build competency and capacity through ongoing learning and development.

Communications and Issues Management (CIM) team: to develop and disseminate key institutional messages, promote the OHRC’s brand and public image, manage information programs/platforms (e.g., print materials, social media, website, webinars), provide timely and accurate analysis of critical and emerging human rights issues, anticipate and effectively respond to contentious issues in the media, and be the first point of contact for policy-related inquiries. The unit also supports the public relations and community engagement activities of the Chief Commissioner, Executive Director, Policy and Legal teams, through handling media relations, event coordination and speech writing.

3-year outlook: The CIM team will continue to build competency and capacity through ongoing learning and development. As we move increasingly towards a web-based communications approach, the team will seek to add technical proficiencies in web design, development and maintenance.

Legal Services and Inquiries (LSI) team: to provide legal and inquiry services in accordance with the OHRC’s strategic priority focus areas. The unit provides legal advice to the Chief Commissioner and Executive Director, leads public interest inquiries under the Code, and initiates or intervenes in targeted human rights applications to the Human Rights Tribunal of Ontario (HRTO) to advance human rights law and establish legal precedents. The unit also initiates interventions in the courts and other tribunals.

3-year outlook: The LSI team will continue to build competency and capacity through ongoing learning and development. To conduct large and complex public interest inquiries under the Code, the team will look to increase its data gathering and analysis expertise, and recruit employees with investigative knowledge and experience. Lawyers will continue to enhance their professional knowledge, skills, attitudes and ethics through fulfilling their continuing professional development (CPD) requirements.

Policy, Education, Monitoring and Outreach (PEMO) team: to develop and interpret human rights policy, provide policy advice, monitor human rights concerns in society, government and proposed legislation, build and maintain relationships with stakeholder communities, and cultivate partnerships that align with our strategic priorities. The unit conducts public education/outreach/training programs and creates electronic education tools (e.g., eLearning modules) to increase awareness and understanding of the Ontario Human Rights Code, and related OHRC policies/guidelines.

3-year outlook: The PEMO team will continue to build competency and capacity through ongoing learning and development. To support an evidence-based approach to our work, the team will look to build on its data gathering and analysis expertise through further use of quantitative surveys.

PEMO will also release an update of its foundational eLearning product, Human Rights 101, and begin work on developing online learning supports for Grade 10 Civics and Citizenship classes based on the OHRC’s Teaching Human Rights in Ontario resource for high school teachers.

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7. Information technology (IT)/electronic service delivery (ESD) plan

The OHRC is a statutory human rights agency that maintains a website with human rights information and resources. Resources include policies and guidelines, research documents, curriculum supports, brochures, and a variety of eLearning content. The website is also used as a link to surveys in support of OHRC policy and inquiry consultation and research activities, and contains a public education request form that can be directly submitted online.

In the coming year, the OHRC will develop a plan to review, upgrade and redesign its website. The OHRC will take steps to migrate the OHRC IT services to the OPS Enterprise-wide network to take advantage of shared infrastructure/technology.

The OHRC also maintains a major social media presence on Twitter and Instagram, @OntHumanRights, and @the.ohrc on Facebook. The OHRC has recently begun to live-stream press conferences, talks and events. This is in line with the strategic priority of providing practical guidance to facilitate duty holders’ compliance with human rights obligations.

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8. Initiatives involving third parties

The OHRC leverages its mandated functions, resources and strategic priorities by exchanging information and working in cooperation or partnership with other government agencies, ministries, non-governmental organizations and individuals from a wide range of communities across Ontario.

Ontario Federation of Indigenous Friendship Centres

The OHRC continues its collaborations with Indigenous groups to address anti-Indigenous discrimination. This includes its partnership and MOU with the Ontario Federation of Indigenous Friendship Centres (OFIFC). This agreement has facilitated collaboration with urban Indigenous communities that is based on trust, dignity, respect, and a shared commitment to reconciliation and substantive equality. Under this agreement, the OFIFC and OHRC have and will continue to work together to build the capacity and human rights knowledge of OFIFC and Friendship Centre staff, share information and data, engage with urban Indigenous people on policy development, and coordinate provincial advocacy in key areas such as health care, child welfare and criminal justice. This agreement reflects the OHRC’s commitment to engage with Indigenous leaders and communities on common issues and concerns. It has connected the OHRC with the nearly two-thirds of Indigenous people who live in urban areas and receive Code protection from discrimination in housing, employment and services. Friendship Centres are the primary service delivery agents for Indigenous people seeking culturally sensitive and culturally appropriate services in urban communities.

In addition to our work with the OFIFC, the OHRC continues to engage in discussions to formalize our relationship with the Chiefs of Ontario (COO) and has now also engaged the Métis Nation of Ontario (MNO) to take steps towards establishing a partnership agreement.

Human Rights Legal Support Centre

The OHRC continued to engage and collaborate with the HRLSC through its MOU and increased coordination at the governance level that was achieved by reports at each meeting from the cross-appointed Commissioners.

OHRC advisory groups

Under section 31.5 of the Code, the Chief Commissioner may establish advisory groups to advise the OHRC about eliminating discriminatory practices that infringe rights under the Code. The OHRC created a Community Advisory Group (CAG) in 2017. In 2019, the OHRC established three more advisory groups: the Indigenous Reconciliation Advisory Group, the Employers Advisory Group and the Poverty Advisory Group. The CAG members have expertise across the four focus areas outlined in the strategic plan, while members of the three new advisory groups have deep expertise in issues relating to Indigenous peoples, the employment landscape and around poverty. The OHRC’s relationship with all four advisory groups are set out in individual terms of reference.

The overarching goal in bringing together these advisory groups is to get genuine feedback on the OHRC and its work, and create durable relationships that can be leveraged on both an ad hoc and structured basis throughout the year.

Canadian Association of Statutory Human Rights Agencies (CASHRA)

The OHRC is a member of the Canadian Association of Statutory Human Rights Agencies (CASHRA), which meets monthly by teleconference, and bi-annually in person. The mandate of CASHRA is to exchange information, best practices, research and public education materials, and coordinate communication on issues of common concern.

Pro Bono Students Canada

In 2019, the OHRC partnered with Pro Bono Students Canada to obtain funding to launch a new Indigenous Human Rights Program under Pro Bono Students Canada.

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9. Communications plan

Context and strategy

The OHRC’s Communications and Issues Management branch provides a range of services and products that helps the Commission deliver on its strategic objectives in a way that helps build trusting, supportive relationships with all of its internal and external stakeholders. The OHRC has created a communication strategy that includes a plan for engaging with the public, primarily through social media and our leadership voice.

The OHRC focuses on communicating broadly, clearly and in a timely way to provide effective leadership that advances the realization of human rights. The OHRC speaks out about the impact of discrimination and the importance of accountability for human rights compliance, especially on issues relating to the focus areas in its Strategic Plan, The OHRC responds strategically to critical and emerging issues across all Code grounds and social areas.

Communication activities include strategic communications planning, writing, editing and support for Commission initiatives, issues management, media relations, digital communications channel and content development and stakeholder engagement events and activities. These communications services help the Commission provide members of the public, stakeholders and media with the human rights information they need.

The OHRC makes content easily accessible and available in English and French.

The OHRC targets its communication and education to all Ontarians, employers and service providers, Code-protected groups, key community leaders, potential respondent community groups, as well as government ministries and agencies. Much of the communications work is in the priority areas of reconciliation, criminal justice system, poverty and education.

Roll-out and products

Website

The OHRC website, www.ohrc.on.ca, remains a primary information and communication channel for the OHRC and its stakeholders. The site provides up-to-date information for all OHRC policies, inquiries, activities and news, as well as human rights public education and training materials such as eLearning and webinars. The site is compliant with the Accessibility for Ontarians with Disabilities Act (AODA), and provides all information in both English and French. Between January and December 2019, there were 3,784,641 visitors to the OHRC website. The OHRC will be working toward upgrading and redesigning the website in the coming year.

Social media

The OHRC continues to expand and optimize its presence on social media so that it can better engage with the public and stakeholders. The OHRC maintains an active social media presence on popular platforms such as Twitter, Facebook, YouTube and Instagram. The number of social media followers has increased by 12 per cent over the past year

Issues management

The OHRC leverages communications and publicity opportunities by planning public activities, and monitoring day-to-day responses to emerging issues, through an effective issues management system. Emerging human rights issues are identified through media monitoring, stakeholders, advisory groups, Commissioners, government initiatives including legislation and regulations, cases of interest at the HRTO, HRLSC or in the courts.

The OHRC interacts with members of the media through news releases, interview requests, media pitches, social media, opinion editorials and targeted product launches. Media inquiries are handled by a media spokesperson in the Communications and Issues Management branch; however, the Chief Commissioner remains the primary spokesperson for the OHRC.

Communication support and public events

The Communications and Issues Management branch develops and integrates communications strategies as early as possible in all initiatives, including developing key messages. The branch develops and publishes a full range of communications products and coordinates public events, including public consultations, launches of reports and policies, public inquiries and legal interventions, and other OHRC public awareness and outreach activities. In accordance with the requirements of the Code, the OHRC submits its annual report to the Speaker of the Legislative Assembly of Ontario by June 30 each year. The OHRC also provides an annual business plan to the Ministry of the Attorney General by December 31 each year. The OHRC makes both of these reports available to the public on the website. The branch also handles public information requests and is working to enhance tracking for public information requests to document trends and identify opportunities for improving information relevant to OHRC priorities.

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10. Diversity and inclusion plan

The OHRC’s diversity and inclusion plan sets out four goals, and outlines the actions we are taking to achieve them.

People: The OHRC’s Commissioners, senior management and staff reflect the diversity of Ontario, and generally exceed the diversity data of both the Ontario Public Service and the population of Ontario. Our employment competitions are advertised broadly beyond traditional mainstream media. The OHRC follows the French Language Services Act requirements and has designated French staff for each area that has contact with the public.

Processes: The OHRC adheres to all applicable policies and legislation including the Ontario Public Service’s Respectful Workplace Policy.

Policy: The OHRC abides by the requirements of the Employment Accommodation and Return to Work Operating Policy, the Equal Opportunity Operating Policy, the Code of Ethics, the Accessibility for Ontarians with Disabilities Act, and the Ontario Human Rights Code.

Services: The OHRC informs employees, clients and the general public about its commitment to accommodate disability, creed and other Code-related needs at meetings and events on request. The OHRC chooses meeting and event sites and refreshments that are inclusive and barrier-free, and provides sign language interpreters or captioning at general public events or on request. Our website fulfills prevailing standards for accessibility, and we will continue to explore improvements.

Results: The OHRC will continue to strive to have its staff reflect the diverse population of Ontario at all levels, including individuals from the Indigenous community.

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11. Multi-year accessibility plan

The OHRC has prepared a multi-year accessibility plan in accordance with the regulated standards and other requirements under the Accessibility for Ontarians with Disabilities Act. The OHRC interprets these requirements in accordance with the duty to accommodate disability under the Human Rights Code and the OHRC’s mandate-related public policies, having regard for the Ontario Public Service’s Multi-year Accessibility Plan, as well as the International Convention on the Rights of Persons with Disabilities.

Barrier review, removal and accessibility planning

The OHRC has implemented several initiatives to remove any barriers that may exist for employees and members of the public:

  • Staff email signatures include information about the OHRC’s policy on providing goods and services to people with disabilities
  • Accessible telephone script to connect the public with OHRC staff as quickly as possible; and an accessible public telephone in our office lobby
  • Accessible private quiet room for staff and visitors who require a space because of illness or a disability, or other appropriate needs, such as creed accommodation or breastfeeding
  • Provides opportunity for participant feedback at the end of education and training sessions to learn whether participant accommodation needs were met and how to improve accessibility
  • Provides documents in accessible formats internally and externally
  • Conducts periodic inclusive design reviews of its offices to address any accessibility issues for visitors and employees with disabilities, with support from the Ministry of the Attorney General’s facilities branch
  • Accessible lighting in its boardrooms
  • Between 2020 and 2021, the OHRC will continue to conduct an accessibility review of barriers and emerging best practices for the way it makes information available to the public
  • Regularly reviews software and information storage systems to identify and address any barriers in consultation with employees with disabilities.

AODA standards implementation status

Customer service
  • The OHRC adheres to its policies and procedures on providing goods and services to people with disabilities as published on its website
  • The OHRC provides local and toll-free TTY numbers for communication with people who are deaf, deafened or hard of hearing
  • The OHRC uses a range of communication methods such as email and social media platforms to communicate with stakeholders and communities
  • All OHRC-hosted public events take place at accessible locations. The OHRC’s Special Events Coordinator assesses each proposed event space to make sure that it is fully accessible
  • Standard language on all invitations asks people to contact the OHRC about their need for any additional accommodation before event dates
  • A feedback process is available on the OHRC’s website. People can also provide feedback via telephone, TTY, mail or fax. The OHRC will review the feedback, try to resolve any issues and provide a response within 14 business days.
Procurement
  • The OHRC continues to comply with the OPS Guidelines: Meeting Accessibility Obligations in Procurement and the Management Board of Cabinet Procurement Directive, December 2014, as well as AODA regulated procurement standards
  • The OHRC identifies accessibility requirements in project terms of reference, requests for proposals and contracts with third-party service providers
  • Web developers and any other external vendors are selected, in part, based on their experience designing accessible websites and other products.
Information and communication
  • The OHRC provides communication supports including sign language interpretation and captioning at public events; and on request for other meetings and events
  • The OHRC’s website is designed to comply with the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA; tools and products used to develop the website and other online materials have built-in accessibility features
  • Online materials, such as eLearning modules, are tested regularly during development and afterward by staff and external contacts who have disabilities
  • All publications and correspondence are available in accessible digital formats, including HTML and accessible PDFs for all new publications
  • Captioning and transcripts are provided for all video content
  • The OHRC has an updated internal guide on plain language writing and uses it to train staff.
Employment
  • The OHRC follows the OPS Employee Accommodation and Return to Work Guidelines and Operating Policy for developing and documenting individual accommodation plans, return-to-work plans and workplace emergency response information for employees with disabilities
  • Hiring managers inform prospective employees about the means for testing and evaluating candidates and that accommodations are available throughout the process
  • The OHRC is a scent-sensitive workplace.
Accessibility training
  • All Commissioners and staff are trained on disability-related policies and procedures, including AODA mandatory training on providing accessible customer service to persons with disabilities, and on the relationship between the AODA and the Code. The OHRC developed the Working Together eLearning module for the Accessibility Directorate of Ontario for this purpose
  • Staff received specialized training on emerging technologies, designing accessible eLearning modules, and other topics to improve the accessibility of the OHRC’s online resources.

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12. Three-year financial plan

The OHRC complies with Treasury Board/Management Board of Cabinet and Ministry of Finance directives concerning financial management and accountability, and works with the Ministry of the Attorney General to meet all applicable reporting requirements.

The OHRC is responsible for the commitments made in its approved business plan, and for ensuring that the actions it takes to fulfill its statutory mandate reflect and respect the law.

The OHRC is accountable to the Legislative Assembly through its annual reports, and to the Attorney General through regular financial and administrative reporting.

Cost-reduction strategies

The OHRC’s operating budget is scheduled to decrease over the next three years, as human rights issues increase in complexity and public profile. In spite of these fiscal challenges, the OHRC will work to manage costs and meet its objectives within existing resource levels by:

  • Managing position vacancies (e.g., delaying and/or foregoing the backfill of vacated positions)
  • Using employee attrition and building capacity to reduce staffing costs (e.g., enable staff to take on the responsibilities of vacated positions by supporting ongoing learning and development)
  • Reassessing job descriptions against current program requirements and if appropriate, rewriting and/or reclassifying certain positions (with the goal of resource optimization)
  • Increasing use of online/electronic resources like social media and the OHRC website to disseminate information (more cost-effective than traditional printing)
  • Making all policy documents available in a downloadable and accessible PDF format (to reduce printing costs)
  • Using teleconferences/webinars/webcasts in place of in-person meetings wherever possible and practical (to reduce travel costs)
  • Using the most cost-effective mode(s) of transportation when travelling for business (e.g., public transit instead of taxi)
  • Using internal resources to perform some previously outsourced tasks (e.g., publication design)
  • Negotiating pricing with suppliers where possible (e.g., expert witness fees)
  • Working with the ministry to make certain service subscriptions more cost-effective through centralization (e.g., media monitoring)
  • Conducting a comprehensive review and optimization of OHRC voice services (i.e. office landlines/voicemail/business cell phones)
  • Limiting hospitality expenses
  • Prioritizing initiatives and partnering with other organizations to mitigate costs and leverage resources
  • Using a business critical lens to assess all expenditure requests and looking for efficiencies and cost-reduction options at every stage of the business planning and implementation process
  • Maximizing the value of each trip, when travel is necessary, by arranging meetings with multiple stakeholders in the area (this reduces the number of trips required to the same location)
  • Requesting that travel costs be covered by organizations that invite OHRC staff to speak at their events.

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2018–19 Actual expenditures

Expense category

2018-19

Budget

($M)

2018-19

Actuals

($M)

Explanation of variance

Operating

 

 

 

Salaries and Wages (S&W)

4,601.4

3,976.2

In 2018–19, the OHRC managed position vacancies to cover costs in other areas identified at the start of the year (e.g., Compensation Increases, Benefits, Services).

Certain vacated positions were not filled/backfilled due to shifting organizational priorities, improvements in operational efficiency and the prospect of further budget constraints.

Other vacated positions remained unfilled for a period of time due to lengthy recruitment processes and hiring restrictions.

Benefits

362.2

437.9

The allocation for benefits was lower than the actual amount required to support staffed positions.

ODOE

Transportation and Communications (T&C)

193.2

127.7

In 2018–19, the OHRC focused on ways to reduce its travel costs by using online/electronic resources to facilitate public engagement and stakeholder communication activities (e.g., webinars, webcasts, social media, OHRC website, teleconferencing).

Services

289.1

471.5

Advancing reconciliation with Indigenous communities involves relationship building, the foundation of which is trust and respect. To show appreciation and respect to Indigenous Elders and Knowledge Keepers that participate in OHRC events by sharing their knowledge and life experiences, it is customary to offer honoraria and hospitality.

 

Enforcing human rights and reducing systemic discrimination in the criminal justice system involves complex litigation, which in 2018–19, required the use of several expert witnesses.

 

OHRC Commissioners receive per diems for the work they perform on behalf of the OHRC. These per diems are paid through Services.

 

The OHRC spreads awareness and understanding of the Ontario Human Rights Code and related Commission policies/guidelines through public education/training events. In 2018–19, there were costs associated with hosting these events and ensuring accessibility.

 

To promote a human rights culture in Ontario and deliver on its public education mandate, the OHRC must ensure that its literature is accessible to all people and communities. In 2018–19, significant costs (e.g., printing, translation, document remediation) were incurred to produce new policy documents, guidelines and other educational materials in various formats and languages.

 

The OHRC employs a media monitoring/news clipping service to identify and track media content (e.g., news articles) of interest/relevance to the OHRC. The OHRC requires this service to stay informed of and respond quickly to critical and emerging human rights issues.

 

The OHRC’s 2018–19 operating expenses included substantial costs for IT hardware, software and support services.

 

The OHRC has its own IT systems, including directory domain, exchange and file servers. Four servers had been operating beyond their intended life cycle and were replaced in 2016–17. These servers are being paid for annually up to 2020–21.

 

Supplies and equipment (S&E)

28.2

25.4

In 2018–19, the OHRC was able to reduce its office supply costs by instituting more effective inventory management practices.

TOTAL operating

5,474.1

5,038.7

 

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Multi-Year operating budget

 
 

Expense category

2019-20

Budget

($M)

2019-20

YE Forecast

($M)

Explanation of variance

2020-21

Budget

($M)

2021-22

Budget

($M)

2022-23

Budget

($M)

Operating

 

Salaries and Wages (S&W)

4,520.8

4,002.2

The OHRC is managing position vacancies to cover costs in other areas identified at the start of the year (e.g., Compensation Increases, Benefits, Services).

 

Certain vacated positions are not being filled/backfilled due to budget reductions, shifting organizational priorities and improvements in operational efficiency.

 

Recruitment for other vacated positions has been delayed due to challenges associated with the hiring restrictions.

4,439.6

4,439.6

4,439.6

Benefits

362.2

446.9

The assigned allocation for benefits is lower than the actual amount required to support staffed positions.

362.2

362.2

362.2

ODOE

 

Transportation and Communications (T&C)

193.2

131.1

The OHRC is focusing on ways to reduce its travel costs by using online/electronic resources to facilitate public engagement and stakeholder communication activities e.g., webinars, webcasts, social media, OHRC website, teleconferencing).

 

The OHRC is also anticipating savings from the Voice Services Program (i.e., through the cancellation of various office landlines and voicemails).

 

However, public hearings/consultations related to the OHRC’s Reading Disabilities Inquiry will involve extensive travel across the province.

193.2

193.2

193.2

Services

63.9

512.5

Advancing reconciliation with Indigenous communities involves relationship building, the foundation of which is trust and respect. To show appreciation to Indigenous Elders and Knowledge Keepers that participate in our events by sharing their knowledge and life experiences, it is customary to offer honoraria. Offering honoraria and hospitality signifies trust and respect, and is essential to building strong, enduring relationships with First Nations, Métis and Inuit communities.

 

As part of enforcing human rights and reducing systemic discrimination in the criminal justice system, the OHRC launched a public inquiry into racial profiling and racial discrimination by the Toronto Police Service (TPS). This inquiry requires the use of experts to analyze TPS data related to lower-level use of force/charge, arrest and release records/stop and question activities.

 

Additionally, the OHRC has launched an inquiry into human rights issues related to reading disabilities. This inquiry requires the use of experts, and includes costs for hosting public hearings/consultations across the province (e.g., hospitality expenses, venue rental, ASL/captioning services, A/V services and equipment rental) and conducting an online stakeholder survey.

 

The OHRC spreads awareness and understanding of the Ontario Human Rights Code and related Commission policies/guidelines through public engagement /education/training/ media events. There are costs associated with hosting these events and ensuring accessibility.

 

To promote a human rights culture in Ontario and deliver on its public education mandate, the OHRC must ensure that its literature is accessible to all people and communities. Significant costs (e.g., for translations, document remediation) are incurred to produce new policy documents, guidelines and other educational materials in various formats and languages.

 

The OHRC employs a media monitoring/news clipping service to identify and track media content (e.g., news articles) of interest/relevance to the OHRC. The OHRC requires this service to stay informed of and respond quickly to critical and emerging human rights issues.

 

The OHRC’s 2019–20 operating expenses include substantial costs for IT hardware, software and support services.

 

The OHRC has its own IT systems, including directory domain, exchange and file servers. Four servers had been operating beyond their intended life cycle and were replaced in 2016–17. These servers are being paid for annually up to 2020–21.

73.3

73.3

73.3

Supplies and Equipment (S&E)

28.2

15.4

The OHRC has been able to reduce its office supply costs by instituting more effective inventory management practises.

28.2

28.2

28.2

TOTAL operating

5,168.3

5,108.1

 

5,096.5

5,096.5

5,096.5

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13. Key performance indicators and measurements

The following are examples of the many key performance indicators (KPIs) and measurements that the OHRC will use to guide its work.

Key performance indicators

Focus area: Reconciliation

Indicator

Target

Percentage of key Indigenous stakeholders and OHRC staff who agree or somewhat agree that the OHRC’s products and activities reflect a deep understanding of Indigenous perspectives

The OHRC is collecting data on this KPI for the first time. Once benchmarks are established, the OHRC will set targets for future years

 

Focus area: Criminal justice

Indicator

Target

Percentage increase in number of police services that collect identifier data relating to services for the purposes of human rights compliance

The OHRC is collecting data on this KPI for the first time. Once benchmarks are established, the OHRC will set targets for future years

Number of prisoners in administrative segregation

Zero prisoners in administrative segregation

Number of prisoners with a mental health disability who also have mental health alerts

100% of prisoners with a diagnosed or reported mental health disability having a mental health alert on their file

 

Focus area: Poverty

Indicator

Target

Explicit protection under the Code from discrimination for people who experience poverty, hunger and homelessness

One new legal intervention in the area of poverty

Qualitative review of HRTO/court decisions relating to poverty issues

Review conducted in 2022

 

Focus area: Education

Indicator

Target

Findings from school board survey results covering data collection, human rights training and adoption of OHRC recommendations on accessible education

The OHRC is collecting data on this KPI for the first time. Once benchmarks are established, the OHRC will set targets for future years

 

Focus area: Leadership voice

Indicator

Target

Cumulative reach for OHRC in traditional and social media, OHRC website hits/unique views

5% increase over 2018–19 annual report results

 

Focus area: Our people

Indicator

Target

Percentage increase in relevant question areas in annual OPS employee engagement survey for OHRC staff

  • Organization Communication target: 15% increase over 2018 survey results
  • Leadership Practices target: 20% increase over 2018 survey results
  • Employee Recognition target: 10% increase over 2018 survey results
  • Hiring Practices target: 25% increase over 2018 survey results
  • Career Advancement target: 10% increase over 2018 survey results

 

Focus area: Our relationships

Indicator

Target

Percentage of Community Advisory Group and Employer Advisory Group members who “agree” or “somewhat agree” that the OHRC maintains effective relationships with all stakeholders

The OHRC is collecting data on this KPI for the first time. Once benchmarks are established, the OHRC will set targets for future years

Performance measures/indicators
  1. Media reach (social media and traditional)
  2. Data on MOUs and formal collaborations
  3. Qualitative assessment on percentage of public recommendations adopted
  4. Website hits/unique views
  5. Number of people trained
  6. Number of unique initiatives (letters/deputations/submissions/reports/policies/ presentations/speeches)
  7. Surveys to Community Advisory Group , Employer Advisory Group, staff, key stakeholders (education/school boards, police services boards/chiefs, Indigenous peoples, poverty)
  8. Qualitative reviews of HRTO/court decisions for certain areas of focus (e.g., poverty)
  9. Number of interventions
  10. HRTO and HRLSC data.

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[1] Environics Institute for Survey Research, in partnership with the Canadian Race Relations Foundation. Race Relations in Canada 2019, a survey for Canadian public opinion and experience. Toronto. Environics Institute, 2019. https://www.environicsinstitute.org/docs/default-source/project-documents/race-relations-2019-survey/race-relations-in-canada-2019-survey---final-report-english.pdf?sfvrsn=ef8d61e3_2

[2] Environics Institute/Canadian Race Relations Foundation. Race Relations in Canada 2019, a survey for Canadian public opinion and experience, p 49.

[3] Environics Institute for Survey Research, in partnership with the Canadian Race Relations Foundation. Race Relations in Canada 2019, a survey for Canadian public opinion and experience.