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story on page 60), where the trial judge made a record high award of $500,000 (reduced to $100,000 by the Ontario Court of Appeal and completely erased by the SCC) for a violation of the human rights code in failing to accommodate the autoworker's disability. Ontario's new human rights process puts lawyers on firmer ground, according to Certosimo. It will be more adversarial, with the commission no longer playing the same multiple roles as gatekeeper, investigator, and advocate. "Now we can rely upon procedural rules and established steps and processes, whereas in the old system many of us thought the process and rules of the game were unclear, often in a state of flux, often in the process of being established. That uncertainty made it much more difficult to do your job," he says. Mary Cornish, senior partner at Cav- alluzzo Hayes Shilton McIntyre & Cor- nish LLP, says the new system will allow for quick and early resolution of many complaints. Some cases may involve mis- understandings or other easily resolved issues that could be cleared up through a quick intervention by the Legal Sup- port Centre, in much the same way the commission resolved such issues in the past, but with the crucial difference that the complainant knows the support cen- tre staff members are on his or her side. Other cases may be resolved through mediation. For matters that proceed to hearings, there are procedural rules de- signed to expedite the process. Cornish, who has long specialized in human rights issues and chaired a task force on Ontario's human rights system in the 1990s, says some lawyers may find it challenging to adapt to the tribunal's procedural rules. Under the old system, she says, proceedings were often domi- nated by procedural objections on the part of respondents' counsel. The new process gives the tribunal more control over the process, allowing the adjudica- tor to say what evidence or arguments he or she wants to hear first, forcing the parties to get to the merits of the case more quickly. One of the tribunal's rules asks that an organization against whom a complaint has been filed provide details of its human rights policies. This, says Cornish, will give employers and other organizations a further incentive to develop policies and procedures before they ever find themselves facing a hu- man rights complaint. "This is what we want them to do, not engage in long proceedings and then de- velop a policy," she says. "We have to ad- ball, which is the objective that dis- crimination not take place." Promoting equality and re- ducing discrimination is the fundamental objective of the Human Rights Code, and, in this regard, the Human Rights Commission has a powerful and important role to play, says Cornish. Far from be- ing abolished or emasculated, as many "I think this new system will transform how people relate to human rights." — MARY CORNISH, CAVALLUZZO HAYES vise our clients so they don't get into this trouble. So part of the power of the sys- tem is in transforming the conduct. That's where you have to keep your eye on the critics have implied, the commission has in fact been strengthened and given a re- newed focus, she says. "I think this system will transform how people relate to human rights." Others are hopeful that the new system will be fairer and more efficient, but don't exude the same degree of confidence. "Yes, we know that it's a new era," says Patty Murray, a part- ner at Hicks Morley Hamilton Stewart Storie LLP. "We know for certain it will be different. As to whether it will be better or worse, I think the jury is still out on that." The Law of Human Rights in Canada: Practice and Procedure Russel W. Zinn This resource gives you access to important coverage of human rights law and procedure in every Canadian jurisdiction that's hard to find anywhere else. Inside you'll find: a review of the legislation and its application for all provinces, territories as well as the federal jurisdiction in-depth analysis and expert commentary and decisions from all jurisdictions in Canada and policy statements from selected jurisdictions policies and guidelines on various Human Rights Commissions Gain practical everyday insights from a human rights expert This looseleaf service offers detailed direction on initiating, defending against and preventing human rights complaints. This helps you to understand such areas of the law as: …and more! Order your copy today! www.canadalawbook.ca www. ZINN_The Law of Human Rights (CL 1-3sq).indd 1 Law ye rmag.com A UGUST 2008 59 7/7/08 9:13:16 AM