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The other way to resolve issues is mediation . In certain circumstances you can have a mediation even before commencing a court action. This mediation would not be part of the court process—not the mandatory mediation that you have in the court process. Parties can agree to hire a third party —a neutral mediator and have that person assist ...
- Overview
- The Canadian Charter of Rights and Freedoms
- The Canadian Human Rights Act
- The Official Languages Act
In Canada, human rights are protected by the Constitution and by federal, provincial and territorial laws. If an individual feels that his or her rights have been violated, they may be able to make a claim under the Canadian Charter of Rights and Freedoms or bring a complaint under federal, provincial or territorial human rights laws. Depending on the nature of a complaint, it may be filed in a court or through a specialized body created to hear human rights complaints, such as a commission or tribunal.
Provincial and territorial human rights laws share many similarities with the Canadian Human Rights Act. They protect people from discrimination in areas of provincial and territorial jurisdiction, such as restaurants, stores, schools, housing and most workplaces. In many situations, individuals may need to direct complaints to their provincial or territorial human rights agency.
Individuals within Canada may also bring human rights complaints to the United Nations or the Organization of American States, but only after domestic complaint procedures have been tried and failed.
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The Canadian Charter of Rights and Freedoms has been part of Canada’s Constitution since 1982. The Charter protects every Canadian’s right to be treated equally under the law. It guarantees broad equality rights and other fundamental rights such as the freedom of expression, assembly and religion.
The Charter applies to governments, but not organizations, businesses or people. It protects the rights of all Canadians from violations by laws, policies or actions of governments, including authorities such as the police. For example, if you are arrested without cause, this could be a violation of your rights under the Charter.
The purpose of the Canadian Human Rights Act is to protect individuals from discrimination. Enacted in 1977, the Act states that all Canadians have the right to equality, equal opportunity, fair treatment and an environment free of discrimination.
Under the Canadian Human Rights Act, Canadians are protected from discrimination and harassment when they are employed by or receive services from:
•the federal government;
•First Nations governments; or
In Canada, the Official Languages Act establishes the equality of English and French and grants language rights to all individuals. This act applies to federal institutions such as:
•offices;
•crown corporations; and
•federal departments, agencies and businesses acting on their behalf. Certain private companies, like Air Canada, also have language obligations.
The Official Languages Act does not apply to municipalities, provincial government institutions or private companies.
Learn more about official languages rights or get a detailed explanation on the complaint process by downloading the document Filing a Complaint with the Office of the Commissioner of Official Languages.
Serving court documents or “service” is when you give a copy of all the documents in your case to the other person in your case, who is known as the other party. You have to serve your documents to the other party because that person has a right to: know about a case that has started against them. respond to claims made against them.
leave from the Court, such as an appeal from the Ontario Land Tribunal. Section 133 of the CJA also requires leave of the court for appeals from an order made with the consent of the parties and where the appeal is only with respect to a final order as to costs. To seek leave, the appellant (moving party) must serve and file a “Notice of ...
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Oct 24, 2017 · Rule 3: Tribunal proceedings. Rule 4: Notice of Constitutional Question. Rule 5: Non-compliance with the rules. Rule 6: Applications: Sections 34 (1) or 34 (5) of the Code. Rule 7: Application with request to defer consideration. Rule 8: Response to application under Sections 34 (1) or 34 (5) of the Code. Rule 9: Reply.
The Human Rights Code is a law that protects people in Ontario from discrimination and harassment. You can file an application with HRTO if the discrimination or harassment experienced, in whole or in part, is a protected ground set in the Code (e.g. race, disability, sex, etc.). For more details about the Social Areas and Grounds covered by ...
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What does it mean to serve court documents?
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What happens if a court action is commenced in Superior Court?
Motion by a respondent: If the applicant has not either i) delivered an application record and factum within thirty (30) days after the Tribunal files the record of proceedings with the court or ii) filed a certificate of perfection with the court under Rule 68.05(1) then the respondent may make a motion on ten (10) days’ notice to the applicant to have the application dismissed for delay ...
