The Commissioner’s Office of Human Rights, Equity & Accessibility (COHREA) supports the early resolution of complaints wherever possible. COHREA most often uses restorative practices at the earliest appropriate stage. Early resolution gives the parties an opportunity to address a concern or dispute collaboratively and respectfully, with the aim of rebuilding or maintaining relationships and resolving the matter. Early or site-based resolution options supported by COHREA may include informal dialogue, mediation and/or a formal investigation.
Human Rights
What are Human Rights?
Human rights are the fundamental rights and freedoms that belong to every person throughout their life. They are inherent and apply regardless of a person’s background, beliefs, identity, circumstances, or life choices. Grounded in dignity, fairness, equality, respect, non-discrimination, and independence, human rights are recognized and protected by both international and domestic law. Human rights can also be framed and interpreted through moral reasoning, theories of justice, historical context, and legal application. Together, these perspectives help explain how understandings of rights develop over time and how human rights principles should guide decisions, policies, and practices. In education, these principles help ensure that every learner and member of the school community can access opportunities, participate fully, and learn or work in an inclusive environment free from discrimination and harassment.
International Human Rights?
International human rights law establishes shared standards that help protect the dignity, equality, and freedoms of people around the world. Since the end of the Second World War, Canada and other countries have supported a growing system of United Nations declarations, treaties, and institutions that guide governments and promote accountability. A foundational document is the United Nations Universal Declaration of Human Rights, adopted in 1948. Article 26 recognizes education as a human right and states that education should support the full development of the human personality, strengthen respect for human rights and fundamental freedoms, and promote understanding and tolerance. This international framework reinforces the responsibility of education systems to provide accessible, equitable, inclusive, and non-discriminatory learning environments in which every learner can fully participate and thrive.
Domestic Human Rights?
In Canada’s federal system, human rights are protected through laws at both the federal and provincial or territorial levels. Each of Canada’s ten provinces and three territories has its own human rights legislation, which generally applies to areas within its jurisdiction, including education, housing, employment, and the provision of goods, services, and facilities. In Ontario, these protections are set out in the Human Rights Code. A separate federal law, the Canadian Human Rights Act, applies specifically to federal government bodies and federally regulated entities, such as banks, telecommunications providers, airlines, and interprovincial transportation companies. Together, these laws prohibit discrimination and harassment based on protected grounds and provide avenues for addressing human rights concerns.
Why Human Rights Matters at KPR?
COHREA’s approach to human rights supports the Board’s three strategic priorities. In practice, this means embedding dignity, equity, inclusion, and freedom from discrimination into KPR’s learning environments, community relationships, policies, and services.
Excel in Learning - Recognizing the inherent dignity and worth of every learner means identifying and removing barriers to learning. This means that, KPR schools are committed to providing accessible learning materials, appropriate accommodations, and inclusive classroom practices so students with disabilities and other Code-related needs can participate fully and demonstrate their learning.
Enrich Communities - Fostering diverse and inclusive communities requires respect for the human rights of students, staff, families, and community partners. Within KPR, the Board’s Equity, Diversity and Inclusion policy work and safe, caring, and restorative school practices can help establish welcoming environments where people from different identities and backgrounds have meaningful opportunities to participate and belong.
Succeed in Life - Supporting long-term success requires intentionally confronting discrimination, harassment, and systemic barriers that can limit opportunity. This means that students and staff can raise Code-related concerns through the Board’s human rights complaints process, including the Report IT! tool, so concerns can be addressed and barriers to participation, well-being, and achievement can be identified and removed.
Discrimination and Harassment
Discrimination may be attributable when a person or group is treated unfairly and negatively because of a characteristic protected by human rights law. It may affect that person’s ’employment or education, limit their ability to participate or succeed, or create an environment that is hostile, intimidating, or unwelcoming.
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 involves a pattern of unwelcome comments or conduct that the person responsible knows, or reasonably should know, would be unwelcome. The behaviour:
- is abusive or demeaning;
- directly or indirectly refers to a prohibited ground of discrimination identified above; and
- would reasonably be viewed by the person experiencing it as interfering with their participation in a Board-related activity or creating an intimidating, humiliating, or hostile environment.
Human Rights Complaints Process
Along with advancing human rights competency and responsibility at KPR, the Commissioner of Human Rights, Equity and Accessibility (COHREA) also reviews human rights complaints and related concerns brought forward by a member of the Board community through the Report IT! tool. In attending to these matters, the COHREA maintains a fair and impartial approach to consultations, reviews, assessments and/o investigations. The goal is to explore various and often opposing perspectives to better understand the human rights aspects of the complaint. Any so complainant seeking resolution of a complaint must be prepared to be identified to the respondents that they may answer to any allegations against them.
The standard process for filing a human rights complaint is by using the Report IT! tool.
In adhering to a fair, transparent, consistent and confidential human rights complaint 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 explain the human rights complaint-resolution options available to members of the Board community. If a concern does not fall within the scope of KPR’s Human Rights: Code-Based Discrimination and Harassment Policy, we will refer the person to the appropriate process under another relevant Board policy or procedure.
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.
Code-Based or Non-Code Complaints
All complaints are categorized according to whether they are connected to one or more of the 17 protected grounds under the Ontario Human Rights Code (Code grounds).
Code-based complaints pertain to discrimination and/or, harassment in which the negative treatment is directly linked to one or more Code grounds. The concern may relate to a single incident, repeated behaviour, or a rule or practice that has an unfair effect on a person or group and the connected Code ground. The connection to a Code ground must be supported by the information provided and is assessed based on the facts, circumstances and context associated with each complaint.
Non-Code complaints involve discrimination, harassment, bullying, threats or other actions that is serious but not connected to a Code ground. Such matters are usually addressed through another Board policy or process, such as a grievance process. COHREA does not normally handle non-Code matters but may provide informal support when specifically requested. For example, general harassment or discrimination concerns that are not linked to a protected human rights ground are typically addressed under the HR-4.2 Workplace Harassment Policy.
COHREA will not take responsibility for managing a complaint when:
- the matter is clearly not a Code-based complaint;
- the matter has already been addressed through the Student Family Support Office (SFSO);
- the human rights complaints process is not the appropriate process;
- the human rights aspect of the complaint is secondary to the main issue;
- another process is underway and has not yet concluded; or
- the matter was previously addressed and closed through another process.
First Instance or Referral
The two ways in which a human rights complaint matter can be submitted to the COHREA is either through "First Instance" or by way of an "Official Referral".
First Instance
- Situations where COHREA is the first point of contact and the matter has not been reviewed elsewhere in the Board. COHREA provides initial guidance and determines next steps.
Official Referral
- Matters which have been first reviewed at another unit within the Board (e.g., Superintendent, Union, SFSO etc.) and with written consent of the complainant, is referred to the COHREA.
Complaint or Advisory Matters
All matters reported to the COHREA are categorized as a "Complaint" or "Advisory".
Complaint Matter
- Any human rights matter 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 that is human rights in nature, the COHREA will use one or more of the following processes to resolve the complaint.
Advisory Matter
- Matters that require guidance, information, or clarification about a general human rights concern or question, but do not require a formal complaint assessment or resolution process.
- The COHREA may provide an informal consultation to help the individual understand relevant human rights principles, available options, and possible next steps.
An individual who believes they have experienced harassment or discrimination may choose to address the matter directly with the person or people involved. The individual may clearly explain that the behaviour or actions are offensive and must stop. COHREA may provide information about this option where appropriate.
If all parties agree, mediation may be used at any time in the process. Mediation is voluntary and involves a facilitator assigned by COHREA who communicates directly with the parties. It provides an opportunity to resolve concerns in a mutually respectful manner. Information collected during mediation cannot be introduced as evidence in a future investigation.
COHREA’s mediation process offers several benefits because:
- it supports equitable outcomes through a collaborative approach to resolving disputes;
- a discrimination complaint may be only one part of a broader dispute, COHREA mediation allows the parties to consider creative solutions;
- mediation discussions are always confidential, allowing participants to speak openly;
- it enables participants to take ownership of the path forward and may help rebuild relationships.
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 copies will be sent to the parties and the Chief Executive Officer (CEO).
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.
COHREA may facilitate conciliation after an investigation has been completed. Conciliation is intended to provide the parties with a final opportunity to reach a resolution and move beyond the conflict. If no settlement is reached, COHREA sends the investigation report to the Chief Executive Officer (CEO) or, where the matter involves a Board employee, to both the CEO and the Superintendent of Human Resources for further consideration.
Conciliation is the final opportunity for the parties to try to settle the matter before the complaint is resolved or referred. During COHREA’s conciliation process, the Human Rights Commissioner, acting as conciliator, speaks with the parties individually about the circumstances and possible solutions. During conciliation, the parties are expected to negotiate effectively and in good faith, treat one another with respect, and keep the discussions confidential.
COHREA conciliation discussions are “without prejudice.” This means that participating parties do not give up their right to begin further legal proceedings or take other steps, and information discussed during conciliation cannot be used in a later court proceeding. Participation in COHREA conciliation also does not mean that one party accepts another party’s version of events.