[
    {
        "role": "user",
        "content": "i%20hve%20a%20case%20at%20the%20%2CHuman%20Rights%20Tribunal%20of%20Ontarioand%20it%20is%20about%20to%20hold%20a%20hearing%20on%20the%20merits.%20can%20you%20find%20me%20any%20rules%20of%20procedure%20or%20practice%20directions%20from%20the%20tribunal%20on%20the%20conduct%20of%20a%20hearing%20of%20th%20the%20merits%3F%20please%20give%20me%20a%20link%20to%20the%20info%2C%20and%20explain%20it%20in%20detail%20in%20your%20answer%20to%20me."
    },
    {
        "role": "assistant",
        "content": "Here are the current Rules of Procedure and Practice Directions from the Human Rights Tribunal of Ontario (HRTO) that govern how a hearing on the merits is conducted, along with detailed explanations.\n\n---\n\n## Key Documents & Links\n\n- **Rules of Procedure (HRTO)** \u2014 full rules governing all aspects of HRTO proceedings.  \n  Link: HRTO Rules of Procedure ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))\n\n- **Practice Direction on Hearings before the HRTO** \u2014 outlines what parties should expect in a merits hearing; how to prepare; how the tribunal manages evidence, witnesses, etc. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n- **Application and Hearing Process** \u2014 includes a section specifically for *Merits Hearings*, showing steps before, during, and after the hearing. ([tribunalsontario.ca](https://tribunalsontario.ca/hrto/application-and-hearing-process/?utm_source=openai))\n\n---\n\n## What the Rules & Practice Directions Say\n\nHere\u2019s a breakdown of how a merits hearing works under these governing documents\u2014what you need to know, do, and expect. Use this as a checklist when preparing.\n\n---\n\n## 1. Legal Basis & Statutes\n\n- The HRTO\u2019s rules derive from the **Human Rights Code, R.S.O. 1990, c. H.19**. Under section 5 of the Code:\n  - An application can\u2019t be finally decided without giving parties an opportunity to make *oral submissions*. ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v9?utm_source=openai))\n  - An application may not be finally disposed of without *written reasons*. ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v9?utm_source=openai))\n  - The rules allow the tribunal to use alternative, nontraditional procedures (as long as consistent with fairness) and to limit issues, define the order of evidence, etc. ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v9?utm_source=openai))\n\n---\n\n## 2. What Counts as a \u201cMerits Hearing\u201d\n\nPer HRTO definitions:\n\n- A **merits hearing** is the \u201cfull hearing\u201d that determines whether the respondent(s) have violated the Human Rights Code. The adjudicator assesses all the evidence (witnesses & documents) and legal arguments. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/FAQs/HRTO_FAQ-Summary_Hearings.html?utm_source=openai))\n\n- It\u2019s distinguished from:\n  - **Preliminary hearings**, which deal with jurisdictional matters or whether the case can even proceed.\n  - **Summary hearings**, which are like preliminary assessments to see if the claim has *no reasonable prospect of success*. If so, parts or all of the application may be dismissed without a full hearing. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/FAQs/HRTO_FAQ-Summary_Hearings.html?utm_source=openai))\n\n---\n\n## 3. Before the Hearing\n\n### Notice & Confirmation\n\n- After an application is filed and determined to move to the hearing stage, HRTO issues a **Notice of Hearing**. ([tribunalsontario.ca](https://tribunalsontario.ca/hrto/application-and-hearing-process/?utm_source=openai))\n- They may issue a **Confirmation of Hearing**, which sets essential dates for various pre-hearing steps, including when evidence, witness lists, etc., must be exchanged. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))\n\n### Case Assessment Direction (CAD)\n\n- Before the hearing, the adjudicator may issue a **Case Assessment Direction**. This helps clarify what documents/witnesses must be filed; what issues are preliminary; the order of issues; which facts are undisputed; etc. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n### Disclosure Requirements\n\n- Under Rules 16 & 17 in the Rules of Procedure:\n  - Parties must share their documents with all other parties and file them with HRTO by certain deadlines. ([tribunalsontario.ca](https://tribunalsontario.ca/hrto/application-and-hearing-process/?utm_source=openai))\n  - Must provide witness lists and summaries of evidence. If documents or witness lists aren\u2019t disclosed, tribunal may prevent them being used at the hearing. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n### Preparing Legal Arguments\n\n- You have an opportunity to prepare written legal arguments, organize your evidence, determine which witnesses will testify, etc. The tribunal expects parties to come prepared. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n---\n\n## 4. During the Merits Hearing\n\n### Role of the Adjudicator\n\n- Neutral decision-maker. They do not represent any party. But they do play an active role in managing procedure to ensure fairness, timeliness, and clarity. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n- They can:\n  - define or narrow issues,\n  - structure the order of evidence and testimony,\n  - ask questions to witnesses or parties,\n  - limit redundant or irrelevant evidence/submissions. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n### Presentation of the Case\n\n- Parties present evidence\u2014often through witnesses and documents.\n- You\u2019ll make legal arguments about the law and how it applies to your facts. ([tribunalsontario.ca](https://tribunalsontario.ca/hrto/application-and-hearing-process/?utm_source=openai))\n\n### Permissible Hearing Format\n\n- Hearings can be in person, by phone, or via electronic means; depending on what is practical and fair. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))\n- Must provide oral submissions; you cannot just do everything in writing if within jurisdiction. ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v9?utm_source=openai))\n\n### Evidence Rules\n\n- Witnesses: expert vs non-expert. Requirements for disclosure of both.\n- Documents: must be revealed early; if not filed/disclosed timely, you might not be allowed to bring them to the hearing. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n---\n\n## 5. Decision & Remedies\n\n- After the hearing, the adjudicator will issue a written decision with reasons. ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v9?utm_source=openai))\n- They decide whether the Code has been violated (on \u201cbalance of probabilities\u201d\u2014more likely than not). If yes, they may order remedial relief. These could include monetary compensations, orders to stop discriminatory practice, etc. ([tribunalsontario.ca](https://tribunalsontario.ca/hrto/application-and-hearing-process/?utm_source=openai))\n\n---\n\n## 6. Procedural Flexibility / Case\u2010by\u2010Case Adjustments\n\n- The HRTO has authority to adapt or waive rules when appropriate, provided fairness is maintained. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/HRTO-Rules_of_Procedure.html?utm_source=openai))\n- The tribunal may skip or combine steps (or define different orderings) based on specifics of your case. ([tribunalsontario.ca](https://tribunalsontario.ca/documents/hrto/Practice%20Directions/PD-HRTO_Hearings_Before_the_HRTO.html?utm_source=openai))\n\n---\n\n## Things You Should Do / Checklist for Preparing\n\nHere are things you should watch for or act on, for your hearing:\n\n- Make sure you receive and understand the **Notice of Hearing** and any **Confirmation of Hearing**.\n- Review whether a **Case Assessment Direction** has been or will be issued; comply fully with what\u2019s asked.\n- Compile and share **all documents**, **witness names and summaries** by the deadlines; fail this and risk not being able to use them.\n- Ensure you have legal arguments ready on:\n  - the legal grounds (which sections of Code apply),\n  - facts you need to prove,\n  - what evidence supports your facts.\n- Be prepared for oral submissions, cross-examination, and possibly questioning by the adjudicator.\n- If there are preliminary issues (jurisdiction, summary dismissal, etc.) raised, understand when/how they will be addressed.\n- After hearing, read decision carefully (with reasons)\u2014this is important if you want to challenge via judicial review.\n\n---\n\nIf you like, I can send you the relevant sections from Rules 16 & 17 (disclosure & witness lists) or the exact wording of Case Assessment Direction from recent cases\u2014could help you prep exactly. Do you want me to pull those together?"
    },
    {
        "role": "user",
        "content": "what%20are%20the%20provisions%20of%20the%20Ontario%20Human%20Rights%20Code%20that%20provide%20how%20a%20hearing%20on%20the%20merits%20of%20a%20case%20before%20the%20Human%20Rights%20Tribunal%20of%20Ontario%20are%20to%20be%20conducted%20and%20on%20what%20remedies%20can%20be%20ordered%20if%20discrimination%20is%20found.%20set%20out%20the%20relevant%20provisions"
    },
    {
        "role": "assistant",
        "content": "Here are the relevant provisions in the Ontario Human Rights Code (\u201cthe Code\u201d), R.S.O. 1990, c. H.19, which govern (a) how a merits hearing before the HRTO is conducted; and (b) what remedies the Tribunal may order if it finds discrimination. I set them out with the section numbers, key content, and what those provisions mean in practice.\n\n---\n\n## 1. Provisions on HRTO Powers, Procedure & Hearings\n\n### Section 5 \u2014 Rules of Procedure\n\n- **Section 5(1)**: HRTO may make rules governing its procedures, including:\n  - how to provide evidence (oral, affidavit, etc.);\n  - notice and service of documents;\n  - Forms and deadlines; etc.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n  \n- **Section 5(6)**: The rules made under section 5 are *not* regulations under the Legislation Act; this affects how they are created and modified.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n- **Section 5(5)**: The rules must be consistent with the rest of Part IV (the part of the Code setting out Tribunal powers, applications, etc.).  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n- **Effect of non-compliance**: The Tribunal rules permit drawing *adverse inferences* if a party fails to comply with rules/orders.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n### Section 32\u201333 \u2014 Tribunal & Panels\n\n- **Section 32**: Defines the Human Rights Tribunal of Ontario, established under the Code.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n- **Section 33(1)\u2013(2)**: The Chair can appoint panels of one or more members; if a panel holds a hearing, the Chair designates one member to preside.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n### Section 34 \u2014 Applications\n\n- **Section 34(1)**: A person who believes their rights under Part I have been infringed may apply to the Tribunal for an order under section 45.2. There is a time limit: generally *within one year* after the incident.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n### Section 39\u201340 \u2014 Powers of the Tribunal & Interventions\n\n- **Section 36\u201337** define who are \u201cparties\u201d and allow for the Commission to intervene.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n---\n\n## 2. Remedies \u2014 What the Tribunal Can Order If Discrimination Is Found\n\n### Section 45 \u2014 Deferral, Dismissal & Orders\n\n- **Section 45.2** (for *applications under section 34* i.e. by persons): authorizes the Tribunal to make *orders* if the Code is breached. These include *remedies*.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19?search=e+laws&utm_source=openai))\n\n### Section 41 \u2014 Orders after a hearing\n\n- **Section 41(1)**: Where after a hearing Tribunal finds that a complainant\u2019s Code\u2010right has been infringed by a party:\n  - **(a)** the Tribunal may direct the party to do anything that, in its opinion, the party ought to do to achieve *compliance*, both respecting the particular complaint and *future practices*.  \n  - **(b)** the Tribunal may direct the party to make *restitution*, including monetary compensation for losses arising out of the infringement; and if the infringement was engaged in *wilfully or recklessly*, it may include additional compensation for *mental anguish*, up to a cap of **$10,000**.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v2?utm_source=openai))\n\n- **Section 41(2)**: (For harassment): The Tribunal may also issue an order to prevent further harassment.  \n  ([ontario.ca](https://www.ontario.ca/laws/statute/90h19/v2?utm_source=openai))\n\n---\n\n## 3. Practical Implications \u2014 How These Provisions Operate\n\nPutting these together:\n\n- The Code gives the HRTO the authority and framework to conduct a hearing on the *merits*\u2014with jury of one or panel; to designate a presiding member; to control procedure under rules made under section 5; allow participation by affected parties; set deadlines; require disclosure; etc.  \n- An applicant applies under section 34; if the complaint survives preliminary or summary stages, a hearing on the merits is held.  \n- If the Tribunal concludes (on the *balance of probabilities*) that discrimination occurred, it can order remedies under sections 41 and 45.2.  \n\n---\n\nIf you like, I can pull up the *exact wording* of sections 5, 34, 41, and 45.2 from the current version of the Code (April-2024 onward) so you can cite them directly in your case."
    },
    {
        "role": "user",
        "content": "is%20there%20a%20video%20on%20the%20Elections%20Ontario%20website%20that%20shows%20how%20a%20voter%20uses%20the%20assistive%20voting%20terminal%20or%20ballot-marking%20device%20that%20Elections%20Ontario%20offers%20to%20voters%20with%20disabilities%3F"
    },
    {
        "role": "assistant",
        "content": "I searched through the Elections Ontario site and related resources. Here\u2019s what I found about whether there is a *video* on their site that shows how to use the assistive voting terminal or ballot-marking device, and what alternatives are available.\n\n---\n\n## What I Found\n\n1. **No video located that demonstrates the assistive voting technology**  \n   I did *not* find a video on the Elections Ontario website that clearly shows how a voter uses the **assistive voting terminal** or **ballot-marking device/assistive voting technology**. The site includes guides, PDFs, status reports, and accessibility information, but none of the multimedia content I located shows a step-by-step video walkthrough of how to use the specific assistive device. ([elections.on.ca](https://www.elections.on.ca/content/dam/NGW/sitecontent/2023/outreach/A%20Guide%20to%20Accessible%20Voting.pdf?utm_source=openai))\n\n2. **Elections Ontario has posted a \u201cfully accessible video with accessible voting information\u201d**  \n   In the *2022 Status Update to the Multi-Year Accessibility Plan*, Elections Ontario reports that they \u201cposted a fully accessible video with accessible voting information in the Accessibility section of our website and embedded closed captions, audio description and sign language interpretation.\u201d However, this video appears to be more general information about accessible voting (what tools and services are available), rather than a specific demonstration of how a voter uses the ballot-marking device itself. ([elections.on.ca](https://www.elections.on.ca/content/dam/NGW/sitecontent/2023/reports/2022%20Status%20Update%20to%20the%20Multi-Year%20Accessibility%20Plan.pdf?utm_source=openai))\n\n3. **In contrast, Elections Ontario provides detailed descriptions in their \u201cGuide to Accessible Voting\u201d**  \n   Elections Ontario\u2019s *A Guide to Accessible Voting* (2023) describes what assistive voting technology offers, including:\n\n   - it being available in returning offices ([elections.on.ca](https://www.elections.on.ca/content/dam/NGW/sitecontent/2023/outreach/A%20Guide%20to%20Accessible%20Voting.pdf?utm_source=openai))  \n   - three controller options: audio tactile interface; paddles (hand, feet or elbows); sip-and-puff technology ([elections.on.ca](https://www.elections.on.ca/content/dam/NGW/sitecontent/2023/outreach/A%20Guide%20to%20Accessible%20Voting.pdf?utm_source=openai))  \n   - that voters can listen to options, make selections, and cast ballots in a way that preserves privacy and independence. ([elections.on.ca](https://www.elections.on.ca/content/dam/NGW/sitecontent/2023/outreach/A%20Guide%20to%20Accessible%20Voting.pdf?utm_source=openai))\n\n   But again: this is text/video-accessible guide, *not* a video showing the device in use. ([elections.on.ca](https://www.elections.on.ca/content/dam/NGW/sitecontent/2023/outreach/A%20Guide%20to%20Accessible%20Voting.pdf?utm_source=openai))\n\n---\n\n## Why No Demo Video Might Be Present\n\n- The accessible video E.O. provides seems to focus on **informing** voters about their options rather than demonstrating the steps of using the technology.\n- For privacy, security, and consistency reasons, they may avoid showing the inner workings of the voting device in use\u2014especially how ballots are marked, printed, verified, etc., to prevent any risk of showing how to interfere with or compromise the ballot.\n\n---\n\n## What You Can Do If You Want a Demonstration\n\n- Contact Elections Ontario via their **Accessible Voting** page: ask if they have demonstration or training videos not published or archived.\n- Consider checking external resources: disability rights organizations or advocacy groups sometimes record accessible voting workshops.\n- Ask your returning office if they allow in-person trials or demonstrations before voting.\n\n---\n\nIf you like, I can try to find a video from another source (e.g., a third-party or nonprofit) showing how Elections Ontario\u2019s assistive voting technology is used, even if it's not on their own site. Do you want me to try that?"
    }
]