Human Rights

What are Human Rights?

Human Rights are the basic rights and freedoms that belong to every person that we have throughout our life’s journey. These rights are inherent and apply regardless of where you are from, what you believe or how you choose to live your life. Human rights are based on shared values like dignity, fairness, equality, respect, non-discrimination and independence. They are defined and enshrined and protected by both international and domestic law.

International Human Rights?

International law is a crucial aspect of human rights. Governments are often in a powerful position to control the freedoms of individuals or groups – freedoms that may be harder to win without international agreement and pressure. Canada has been at the forefront in its commitment to international human rights. A series of human rights treaties and other instruments adopted since the end of World War II has developed into an influential body of international human rights. These are monitored and implemented by important international institutions such as the UN Human Rights Council. The Universal Declaration of Human Rights is a historic document which outlined the rights and freedoms everyone is entitled to. The first international agreement on the basic principles of human rights is referenced in Ontario’s Human Rights Code.

Domestic Human Rights?

In Ontario our human rights are protected by the Human Rights Code. While international human rights generally relate to actions of governments, our domestic human rights concern the actions of individuals and identifies areas known as protected grounds in which discrimination and harassment are prohibited.

Why Human Rights Matters at KPR?

COHREA’s approach to human rights is centered on the Board’s strategic priories which are:

Excel in Learning - Recognition on the inherit dignity worth every learner based on human rights principles

Enrich Communities - Fostering diverse communities based on respect for human rights for all

Succeed in Life - Acknowledging importance of intentionally confronting discrimination and harassment that create societal barriers toward succeeding in life

Discrimination and Harassment

Discrimination is adverse differential treatment of a person or group of persons on the basis of a prohibited ground of discrimination that has the effect or purpose of unreasonably interfering with that person’s or group’s employment or educational status or performance or of creating a hostile or intimidating work or educational environment.

Discrimination includes adverse effect or systemic discrimination which consists of entrenched and institutionalized practices, systems, and structures that operate to limit a group’s or an individual’s rights to opportunities or to exclude a group or an individual from participation on the basis of any prohibited ground of discrimination.

Harassment is any behaviour directed towards another person that:

is abusive or demeaning; and
includes a direct or indirect reference to a prohibited ground of discrimination (see above); and
would be viewed by a reasonable person experiencing the behaviour as an interference with that person’s participation in a university-related activity or creating an intimidating, humiliating or hostile environment.

Human Rights Complaints Process

The Commissioner's Office of Human Rights, Equity & Accessibility (COHREA) addresses human rights complaints, concerns, issues or matters brought forward by a member of the Board community that relate to the Human Rights: Code-Based Discrimination and Harassment Board Policy

The COHREA maintains an impartial approach when addressing a human rights complaint. Our team strives to explore all perspectives and understand all sides of a complaint. Please note that any complainant who seeks resolution of a complaint must be prepared to be identified to the respondent.

The standard process for filing a human rights complaint is by using the Report It! tool.

Report an issue

As part of the human rights complaints process, the COHREA will:

Listen - We actively listen to the concerns of any member of the Board community seeking advice or information regarding any human rights issue or matter. Strict confidentiality and privacy is guaranteed at all times, which is consistent with the arm's-length position of our office.

Inform - We inform Board community members on the human rights complaints resolution processes available to them. Matters that fall outside of Human Rights: Code-Based Discrimination & Harassment Policy will be referred to the appropriate dispute resolution mechanism as it relates to other relevant Board policies and procedures.

Facilitate - We facilitate or initiate informal resolution processes as agreed to by the complainant and/or respondent. Refer to our Early Resolutions page for more information on restorative practices such as informal dialogue or mediation.

Support - We support Board community members by respecting dignity and recognizing individual differences throughout the complaints resolution process.

Complaints Process Flow Chart

The COHREA complaints process flow chart below offers a visual representation of the COHREA complaints process.

KPR Human Rights Complaint Process Flow Chart Diagram

When to Contact the COHREA

Human rights concerns can be addressed and resolved at all levels within the Board. If you believe that you, or someone you know, has experienced harassment or discrimination, you should first speak to your principal, manager or superintendent. This is your best chance to resolve a concern quickly.

If you are a KPRDSB employee who is a member of a union, you should first bring the matter to the attention of your union representative.
If you are a student or parent, you should first bring the matter to the attention of the school principal (administrator), wherever possible.

Complaint or Advisory Matters

All matters reported to the COHREA are categorized as a "Complaint" or "Advisory".

Complaint Matters

Matters requiring formal consultation and assessment to determine jurisdiction and whether or not the matter should be addressed under the Human Rights: Code-Based Discrimination & Harassment Board Policy. If the matter is determined to be a complaint matter, the COHREA will use one or more of the following processes to resolve the complaint.

Early Resolutions

The Commissioner's Office of Human Rights, Equity & Accessibility (COHREA) supports early resolution of complaints wherever possible. Most often, resolution entails applying restorative practices at the earliest possible stage. Early resolution is explored in order to give parties an opportunity to resolve a dispute in a collaborative and respectful manner that attempts to rebuild, maintain or address a concern.

Early/site-based resolution options may include:

Informal Dialogue

Any individual who believes that they have been harassed or discriminated against may choose to try to resolve the issue by directly approaching the person(s) involved, stating clearly that the behaviour or actions are offensive and must be stopped.

Mediation

If all parties agree, this option may be used at any time in the process. Mediation is a voluntary process and involves a facilitator assigned by the COHREA who will communicate directly with the parties. It is an opportunity to resolve concerns in a mutually respectful manner. Information collected during mediation cannot be introduced as evidence in any future investigation.

Mediation has many benefits:

Mediation is an effective method for achieving equitable results through a collaborative approach to resolving disputes
Discrimination complaints are often only one part of a dispute; mediation allows creativity in solving issues
Mediation conversation is confidential and allows participants to speak openly
Mediation allows participants to have ownership of the path forward and rebuild relationships

Formal Investigation

When a human rights complaint has not been resolved through the early resolution processes, the COHREA may conduct a formal investigation.

A formal investigation includes:

Interview the Parties - During a formal investigation, the COHREA will interview everyone involved, which can be a lengthy process.
Information Gathering - The COHREA will require a complainant to supply evidence to support their position, including written documents, names of witnesses, emails and other relevant information.
Investigation Report - Once interviews are completed and the necessary information has been collected and assessed, the COHREA will write a report based on the findings.

This report will determine that the matter has either been:

Substantiated; or
Not substantiated

The report is then reviewed by the Human Rights Commissioner before being sent to the parties.

Conciliation

Conciliation takes place after an investigation has been completed. Conciliation is intended as a final process empowering the involved parties to come to a resolution that allows them to move beyond the conflict. At the end of the conciliation, if there is no settlement, the report is sent to the Director of Education or, in the case of a Board employee, to the Superintendent of Human Resources, to be addressed.

Conciliation is the final opportunity for the parties to try to settle the matter. At the end of this process, the complaint must either be resolved or referred. The Human Rights Commissioner, as conciliator, speaks to the parties individually about the situation and possible solutions. At the conciliation itself, the parties are expected to negotiate effectively and in good faith, to treat each other with respect, and to keep discussions confidential.

Discussions in conciliation are "without prejudice". This means that the parties do not give up their right to launch further legal proceedings or to take other steps. It also means that anything discussed during conciliation cannot be used in a later court case. Further participating in conciliation does not mean that one party accepts the other party's version of events.

Advisory Matters

Matters requiring guidance on addressing a general human rights concern or question. The COHREA may provide informal consultation on advisory matters, or refer the matter to the appropriate department or unit within the Board.

First Instance of Referral

Human rights complaints can be brought forward to the COHREA at "First Instance" or through a "Referral".

First Instance

Situations in which the COHREA is the first point of contact. The matter has not been addressed by any other unit at the Board.

Referral

Matters which have been first reviewed at another unit within the Board (e.g., Superintendent, Union, Human Resources) and, with consent of the complainant, is referred to the COHREA.

Code-Based on Non-Code

All complaints are also categorized based on whether they connect to one or more of the 17 protected grounds under the Human Rights Code (Code grounds)

Code (or Code-based)

Complaints of discrimination or harassment where the negative treatment is directly linked to one or more Code grounds.

Non-Code

Complaints of discrimination or harassment that do not relate to any Code ground (non-code) and are deemed to be more appropriately addressed under another policy.

The COHREA does not normally deal with Non-Code related issues, except to provide informal support as needed. For instance, general harassment or discrimination concerns that do no relate to a human rights protected ground are typically addressed through the HR-4.2 Workplace Harassment Policy.

The COHREA will also not manage a complaint if:

It is determined that the matter is clearly not a Code-based complaint;
The human rights complaints process is not the correct process;
The human rights component of the complaint is secondary to the main issue;
A parallel process is underway and has not yet concluded; and/or
The matter was previously dealt with under another process.