Give it teeth to bite: The Ontario Human Rights Commission

By Sheldon Taylor

Either way, today, October 06, 2011 was going to be eventful for me. I was taught to take elections seriously and as the designated day to go to the polls in the province of Ontario, I rose early and had every intention of voting and doing so as early as possible. I was fourth in line which underscores my enthusiasm, less so for the candidates; more so, because I wanted to ensure the quality of life in our community and society weren’t further eroded. After having a federal election earlier this year and seeing Stephen Harper assume the mantle as Canada’s Prime Minister with the opposition be damned majority did not endear me to this latter election; albeit it, a provincial one.

Harper's provincial Tory counterpart, Tim Hudak wasn’t clear about his vision for Ontario. Before now, I wasn’t sure of Rob Ford in the municipal election, but swallowed my pride; City of Toronto needed some discipline and after cutting my finger nails to the quick, voted with pain for him. My bad! The Creator knows I am truly regretful, and yet hopeful! Mayor Ford may yet turn things around and give me a reason to exhale.

I remember back in the day the time Harry Gairey Senior got hold of me by phone just after I arrived home from school. “Son” he said, “who’s voting in your house?” Nervously, I told him, I couldn’t as yet vote. Impatiently, he acknowledged, he knew that. But, then said: “Somebody there has got to vote.” When my mom got home, she and I went to the polling station so she could vote for Allan Grossman. We haven’t missed voting since. And although some of our forgetful politicians now make a mockery of democracy, whenever I put my (x) where I think it’s needed, I always remember what Mr. Gairey reminded me of. “Black people’s right to vote in Canada didn’t come easily to us.”

Knowing it was Election Day, I got up this morning, refused to turn on either local radio or TV; went instead to the US media. Didn’t want to hear local talking heads spew the usual they know what’s happening, when in fact they’ve been paid by someone to sprout a useless and trivial script of nonsense. Looked with remorse at reportings of Apple co-founder, Steve Job’s passing; followed by the latest, what’s up with the Occupy Wall Street crowd? Next, this voice, my daughter’s from upstairs, resonated: “Daddy, will you drive me to school?! It was 7:37 a.m. I wondered, but didn’t say: “Why the hell are you so late? Because in checking my thoughts, I remembered she was up late doing homework.

Anyway, after chugalugging her breakfast, off we went to her school, which was a quicker drive than usual. She left the car anxiously to get to her first class on time. I headed back to vote in the polling station near where we live. It was 8:58 a.m. and ahead of me, were three people: two Chinese men and one white woman. Her concern was, by now we should be inside voting. One of the men told her, “Soon!” Soon it was. As I got out my identification, the two people vetting my documents were Chinese too. Except for me, there were no black people in sight.

Anyway, I did what I was there to do; vote; dropped my piece of paper in the box and headed to the car. As I opened its door, something hit me. “Hell!” I thought, “Wonder if we (black folks) will make sure we vote today?” Also wondered, why it is that wherever and whenever civic responsibilities are involved I no longer see us represented the way we used to be as my children say “back in the day.” With more pressing matters on my mind, I moved on to what lay ahead of me for the next few hours.

Got back home and continued to work on my blog dealing with employment equity; just doing the research; contacted unions: OMERS; CUPE and the CAW. Then I had an idea: What if I turned my attention to the Ontario Human Rights Commission. Here is what its website says it also does:

The Ontario Human Rights Commission (OHRC) works to promote, protect and advance human rights. The Commission’s main focus is to address broad and systemic issues of discrimination. Activities include research and monitoring, policy development, education and training. The Commission conducts targeted inquiries and may initiate claims or intervene in important cases before the Tribunal.

Now I am no paid expert where the OHRC is concerned. I did know a few people who were a part of that entity when the Commission was still being somewhat effective. Currently, many more people are recognized by what they are paid and the status politicians and policymakers don them with as acknowledgement they matter in the field of social justice and human rights in Canada and Ontario. But this is what I do know:

The Ontario Human Rights Commission was established initially as a directorate. Then after decisive actions by mainly white people, like Donna Hill whose husband Dr. Daniel Hill later became its first Director and some other blacks, that Ontario’s human rights body was substantive in North America. The Directorate and then the Commission did respond also to black people’s concerns yet they were not the sole recipients of its mandate. Many others, including women and Jews benefited too. But with the passage of time and more so recently, the OHRC has had little to do with real issues of social justice. Instead, it seems to be, whether due to a poor communications strategy or the onset of impotence, a middle-class run white institution without a rudder and a discordant song. So much for being Ontario’s official and taxpayer funded human rights body. What happened to make it such an empty belfry no one can listen to?

There must be people who are thankful they can use the OHRC in a threatening sentence to remind bosses of how painful the road ahead could be. But, the Commission is a paper tiger that is reflective of the current can’t do era because Ontario politicians won’t allow it to effectively fulfill its mandate. This point was brought home to me today. Needing to obtain some statistical information and better understand the OHRC’s role in the area of social justice had me head to its website for an appropriate number to be able to speak with anyone of its representatives.

I was directed to a page detailing who its Commissioners are. But I realized there wasn’t any who looked liked me; none of them were of African descent. Now you should note that a significant number of social justice complaints and ones in particular dealing with racism originate from black people. Frustration, after listening by phone to its tripartite mandate in a lengthy message had me call a number in desperation. It directed me to a voice mail. For a moment I reflected on someone who was in trouble and in need of the OHRC’s help. Then I thought how frustrating it would be to listen more so to what that body was, than what it could do to help. So, I decided to call 416-326-1236, Service Ontario. I asked if I could get hold of Chief Commissioner, Barbara Hall, OHRC, by email. Hall is someone who earned a reputation for having an understanding of how important the view from the bottom up is.

I was told there was a phone number but no email contact info for Ms. Hall. Called the number, spoke to someone. I was informed Ms. Hall planned to be back on October 12, 2011. Asked if I could leave a message for her in voice mail; did! Now, despite the fact no one has ever seen fit to pay me for my many years of experience and expertise in areas of social justice: human rights, diversity, inclusion, equity, etc; and I must say the remuneration could run into at least the many tens of thousands of dollars, I thought it best not to rely on my original impression based on the OHRC photos of who the Commissioners seemed to be. I didn’t think any one of them was African Canadian. But then I could be wrong since we come in so many shades of living. So I called back and asked, if there were any African-Canadians on the Ontario Human Rights Commission?

It was then my suspicions were verified. There are none. The polite respondent said: “There used to be one, Patrick Case, “but, he was no longer a Commissioner. And given budget considerations, it was unlikely there would be one in the current fiscal year." I know Patrick Case, and I could understand why the Ontario Human Rights Commission would have a damn hard time finding someone with his talent and expertise. However, what I don’t understand is why his replacement would have to be based on any consideration of fiscal matters. Said another way: When black folks and other people of colour are excluded from the boardroom; or are not in decision making positions, it is so much easier to undermine the social justice agenda; Stephen Harper style. This agenda dates to the 1940s and it is one with so many threads making up a unique Canadian tapestry that is soaking wet with the blood, sweat and tears of the downtrodden and disadvantaged.

Yet, to even move my comments in this direction is to run into the old Upper Canada rationale: “You know we employ talent based on capability, and not other factors such as race.” So, tell that to all the white people in positions of authority on Bay Street and the Ontario government who are retained and advanced generation after generation, despite the availability of other exceedingly well qualified talent, with ones who must always be from the Old Boys Network badge of the perpetuation of particular bloodlines. Let me be clear here: The Ontario Human Rights Commission should recruit credible and qualified talent but should also make sure that every effort is made to have an African Canadian sitting as one of its Commissioners.

The Ontario Human Rights Commission until more recently earned its credibility mainly because of black people’s struggles against racism in Ontario. And the OHRC, its supervising political and fiduciary authority, the Government of Ontario must understand that the current direction the former is heading in makes it antithetical to the needs, aims, required protections, and agendae of Blacks and any credible provincial social justice agenda. Before, during and after the Second World War people of African descent experienced racism in Ontario. It is not enough to have them as window dressing signaling to the world that Ontarians are forward thinking in their embrace of human rights and then casting people of African descent aside when human rights and social justice become matters that can pay bills and sustain the prosperous livelihoods of others.

It is shameful and unacceptable that the Ontario Human Rights Commission is not readily accessible through the usual communications’ tools; irrespective of education attainment, language barriers or fear of authority, to everyone. It is appalling that the Ontario Human Rights Commission seems so ineffective and anachronistic to the point where defense of human rights falls behind fiscal considerations and a firewall of obscurity in an era of vaulting racism and antisemitism. And furthermore, it is downright scandalous that at a time when so many senior bureaucrats who are black and work for the government of Ontario or are ones in private industry find themselves under attack and violated that the Ontario Human Rights Commission thinks more of itself in terms of what it is, as opposed to, what it is supposed to do to further the cause of social justice and fair play in Ontario, Canada’s largest political jurisdiction.

As I conclude here, the final count is not clear as to whether the Liberals will maintain majority status in Ontario. In the not too distant future we will know. What is very important is to know which person as minister will become responsible for the OHRC. And as such, will he or she restore it to a position of dignity and support the current needs for it to have a serious mandate? Only time will tell! We are waiting to see minister-to-be. And this message is for you Mr. Dalton McGuinty whom, still as premier of Ontario, with only one seat short of a majority has the power to give the Ontario Human Rights Commission teeth so that it can bite into growing racism and antisemitism many Ontarians face.

©Sheldon Taylor, October 06, 2011
updated October 07, 2011
last updated October 08, 2011