Guide
A valid HRTO complaint requires that the respondent (the organization you are complaining about) discriminated against you or your child based on a protected ground (disability) in a protected area (services, education, employment, housing). The discrimination can be direct or systemic. Common autism-related complaints involve denial of accommodations in schools, exclusion from programs, or failure to provide accessible services.
Before filing, call the Human Rights Legal Support Centre (HRLSC) at 1-866-625-5179. HRLSC provides free legal advice and may offer representation for your complaint. They can help you assess the strength of your claim, understand the legal framework, and navigate the filing process. This step is strongly recommended.
Gather all evidence of the discrimination: correspondence, meeting notes, policies that create barriers, witness statements, and a detailed timeline of events. Record the impact on your child, including lost services, emotional harm, and regression. The more specific and documented your evidence, the stronger your complaint.
Complete the HRTO Application (Form 1), available on the Tribunals Ontario website. You must file within one year of the last incident of discrimination, though extensions may be granted in exceptional circumstances. The application requires a detailed narrative of what happened, the grounds of discrimination, the remedy you are seeking, and any efforts to resolve the issue informally.
HRTO offers mediation early in the process. Mediation is voluntary but can lead to faster resolution and creative remedies that a hearing decision cannot order. If mediation succeeds, the settlement is binding. If it fails, the complaint proceeds to a hearing. Consider mediation carefully — it has high success rates and avoids the stress of a hearing.
If mediation is declined or unsuccessful, prepare for a hearing before the Tribunal. Organize your evidence, prepare witness statements, and develop your legal arguments. HRLSC or a private lawyer can represent you. Hearings are formal but less adversarial than court. The Tribunal member will issue a written decision with reasons.
You must file an HRTO application within one year of the last incident of discrimination. In some cases, the Tribunal may accept late applications if there is a good reason for the delay and no substantial prejudice to the respondent. Do not delay — file as early as possible.
No. There is no fee to file an application with the HRTO. Legal representation through the Human Rights Legal Support Centre is also free. If you choose to hire a private lawyer, you will be responsible for their fees, though some lawyers work on a contingency basis for human rights matters.
The HRTO can order monetary compensation for injury to dignity, lost wages, and expenses. It can also order non-monetary remedies such as changes to policies, training for staff, accommodations to be provided, and public interest remedies that benefit others in similar situations.
Human Rights Tribunal of Ontario
Application forms, rules of procedure, and filing guidelines (tribunalsontario.ca/hrto)
Human Rights Legal Support Centre
Free legal advice and representation for human rights complaints (hrlsc.on.ca)
Ontario Human Rights Commission
Policy on accessible education and ableism (ohrc.on.ca)
Written by Spencer Carroll
Founder & Autism Advocate