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Ontario|Human RightsHuman Rights 836 Role of Lawyers Hiring a lawyer for the purpose of filing or responding to a human rights complaint is not required. However, because the legal procedures involved are complicated, a lawyer's assistance will be helpful.
A lawyer can assist in filing or responding to a human rights complaint; negotiating legally enforceable settlements; and if the matter proceeds to investigation, a lawyer can make sure that investigative staff and the Commissioners carry out their roles appropriately.
The present rules of Legal Aid do not generally allow for coverage of human rights matters. Therefore, if you hire a lawyer you will be responsible to pay their private fee. If you do not hire a lawyer, the Commission staff will draft a complaint and investigate for free. However, you should be aware that the Commission is not acting on behalf of the complainant or the respondent up to the time the Commissioners decide whether there is enough evidence to warrant a Board of Inquiry. If a Board of Inquiry is appointed, the Commission, usually through an appointed lawyer, acts on behalf of the public interest. In most cases, the Commission's public interest overlaps with the complainant's private interests.
Depending on the extent that the Commission's lawyer acts on behalf of the complainant's interests as well, the complainant may or may not require his or her own lawyer at the Board of Inquiry hearing. Respondents, however, are advised to retain a lawyer to defend their position at the Board of Inquiry.
For further information or advice, you can contact the Ontario Human Rights Commission listed on the Legal Line Guide and website. For legal advice, you should consult a lawyer.
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