4. Learn more about making a human rights claim
Question & AnswerDo doctors have to follow the Human Rights Code?
If you think a healthcare provider has discriminated against you, you can apply to the Human Rights Tribunal of Ontario. The can decide if the healthcare provider has discriminated against you.
You start the process by making an application to the Tribunal. In your application, you:
- say what happened
- explain why you think the treatment you experienced was
The Tribunal has an Applicant’s Guide with detailed instructions.
After you file your application, the healthcare provider will have a chance to respond. You may both choose to attend a to try and resolve your issues. If you can't resolve your issues, there will be a hearing where a Tribunal member will decide if you were discriminated against. The whole process can take over a year to complete.
The deadline to apply to the Tribunal is one year from the date you were discriminated against.
It is very important that you file your application with the Tribunal within the one year period. If you miss the deadline, you can still apply, but you must explain why you're applying late. it is very rare for the Tribunal to accept a late application.
What the Tribunal can do
If the Tribunal decides that the healthcare provider discriminated against you, they can order the provider to:
- pay you money
- change its practices so they follow human rights laws
You can ask for money to cover costs that you had or to replace money that you were forced to spend because of what the healthcare provider did.
You can also ask for money because of how the healthcare provider's actions affected you. When a healthcare provider does not respect your human rights, this can hurt you. The Tribunal can order the provider to pay you money for the hurt they caused you. You don't have to show that their actions cost you money.