Crisis at Ontario Tribunals
How to Provide Ontarians with Access to Justice a Matter of Concern for all Canadians
On December 15, Tribunal Watch Ontario issued a news release and background information raising alarm about the crisis in Ontario's tribunals including the Landlord and Tenant Board and Human Rights Tribunal of Ontario, which are part of the Tribunals Ontario cluster.[1] "People who must rely on these adjudicative tribunals to resolve legal disputes are experiencing unprecedented delays, and discovering that justice delayed is indeed justice denied," they point out.
They note that the latest Annual Report for Tribunals Ontario documents a backlog of 67,736 cases at its four largest tribunals. Of particular concern are the Landlord and Tenant Board (LTB), where the delay in getting to a hearing has ballooned from seven weeks to seven months in the last four years with a backlog of 32,800 cases, and the Human Rights Tribunal of Ontario (HRTO), where the number of final decisions after a hearing has fallen from an average of 110 a year to just 16 decisions in 2021/22 and a backlog exists of 8,979 cases.
Administrative law expert Professor Emeritus David Mullan pointed out: "Over the last four years, the expertise and independence of several key Ontario tribunals have been damaged, leading to threats to the quality and timeliness of justice."
Human rights lawyer and former Chief Commissioner at the Ontario Human Rights Commission Raj Anand, referring to Ontario's human rights process, said: "There are now massive delays at every stage of the process, with parties waiting years for their cases to move forward, and for final decisions."
Tribunal Watch points out: "[O]ur adjudicative tribunals deal with important disputes that would otherwise go to the courts. Ontario needs adjudicative tribunals that are independent, expert and able to provide fair and timely dispute resolution."
Tribunal Watch Ontario is calling on the Ontario Government and Tribunals Ontario to take immediate action to provide access to justice for the tens of thousands of individuals whose lives are affected by these important tribunals.
They have provided a Statement of Concern outlining in great detail what is happening and their proposals to address the situation that can be found here.
Note
1. The Tribunals Ontario website explains "Tribunals Ontario is a group of 13 adjudicative tribunals that play an important role in the administration of justice in Ontario. Each year our tribunals receive and resolve nearly 100,000 cases. [...]
"Our tribunals are: Assessment Review Board, Animal Care Review Board, Child and Family Services Review Board, Custody Review Board, Fire Safety Commission, Human Rights Tribunal of Ontario, Landlord and Tenant Board, Licence Appeal Tribunal, Ontario Civilian Police Commission, Ontario Parole Board, Ontario Special Education Tribunal (English), Ontario Special Education Tribunal (French) and Social Benefits Tribunal."
This article was published in
Volume 52 Number 62 - December 20, 2022
Article Link:
https://cpcml.ca/Tmld2022/Articles/D520624.HTM
Website: www.cpcml.ca Email: editor@cpcml.ca