Imagine facing discrimination—at work, in housing, or in accessing services—and deciding to stand up for your rights. You file a claim with Ontario’s Human Rights Tribunal (HRTO), expecting justice. But instead of finding a fair and accessible system, you’re thrown into a bureaucratic nightmare where most claims are dismissed before anyone even hears your story.
This isn’t just a story of red tape. It’s a story of justice denied. For regular people like you and me, navigating the HRTO is no longer about fairness—it’s about survival in a system that feels designed to push you out.
The Numbers Don’t Lie: The System is Failing You
Let’s start with a shocking fact: 93% of cases at the HRTO in 2023/24 were dismissed without a hearing. Most of these dismissals weren’t because the claims lacked merit—they happened because the system makes it nearly impossible for everyday people to meet its demands.
Here’s how it works: After you file your claim, it often sits untouched for years. When the HRTO finally looks at it, they send you a letter demanding you submit new legal documents. If you don’t respond perfectly—or on time—your case is thrown out. Many people don’t even know what these letters mean or how to respond, especially without a lawyer to guide them.
A Waiting Game You Can’t Win
Even if you manage to avoid these procedural pitfalls, the wait times are crushing. Cases filed in 2014 are only now being decided. That’s ten years for people who needed help yesterday. For most of us, waiting years to resolve a discrimination case isn’t just frustrating—it’s devastating. The longer it takes, the harder it is to move forward with your life.
Employers, landlords, and businesses also know how long a case will take and that almost all cases are dismissed without a hearing. A HRTO claim is less worrisome than a parking ticket.
Why the HRTO Feels Impossible to Navigate
The HRTO was supposed to be user-friendly, especially for people without lawyers. But that’s not the reality anymore. The process has become so complicated that most people can’t manage it on their own.
Instead of giving you a chance to tell your story in person, the tribunal now demands detailed written submissions full of legal language and technical arguments. This isn’t something most people are equipped to handle—especially if they’re already dealing with the emotional stress of discrimination.
And if you make a small mistake? Your case could be dismissed as “abandoned,” even if it’s the HRTO itself that left you waiting for years.
What Happens Without Representation
Here’s the harsh truth: 80% of people filing claims at the HRTO don’t have a lawyer. These self-represented applicants are the ones who struggle the most. They’re expected to meet impossible deadlines, write complex legal documents, and navigate a system that feels like a maze—all while dealing with the trauma of discrimination.
Without legal help, many people give up entirely. Their cases are dismissed, not because they didn’t experience discrimination, but because the system is stacked against them.
Why You Need a Lawyer
The HRTO claims to be there for everyone, but the reality is that it’s become a place where human rights cases go to die. This isn’t just a problem for those filing claims—it’s a wake-up call for anyone who might one day need the system.
Having a lawyer changes everything, but not for the reason you may think. While a lawyer knows how to navigate the HRTO’s complex rules and handle tight deadlines, they cannot make a broken tribunal function. However, lawyers also know all the better options you have for your case.
For example, you are harassed at work due to your race. You could file with the HRTO and wait a decade for a possible resolution.
However, employment issues can also result in a Court case. Not only will you likely be able to claim much more in a Court case, you do not lose anything as you can add human rights violations to a Court claim. It is also a far more serious matter.
This is why it is so important to contact a lawyer before you do anything so you know your options.
Don’t Let the System Silence You
If you’ve been discriminated against, the last thing you should worry about is how to jump through hoops to have your case heard. You deserve justice, and we’re here to help you get it.
Without proper representation, it’s easy to feel overwhelmed and defeated. But with the right legal team, you don’t have to face this uphill battle alone.
At De Bousquet, we specialize in making sure employees get what they are owed. We understand the legal system and the options available. We can navigate its complexities to give you the best chance at success. Don’t let the system push you out. Let us take on the system for you.
If you’re struggling with a human rights issue, don’t wait. Contact us today to get the support you need. Justice may feel out of reach, but with the right help, it doesn’t have to be.