The five most-cited authorities are all gates
sends Code claims to grievance arbitration
the no-reasonable-prospect test
the reconsideration threshold
the one-year limitation rule
good-faith delay
Not one of them decides whether discrimination happened. Every one decides whether the Tribunal will look.
The five least-cited are the substance
the reprisal test
systemic remedy
undue hardship
circumstantial inference in profiling
Doctrine presence across 484 decisions
The gates
The substance
The precedent that vanished
McKinnon is the most consequential systemic remedy ever ordered against an Ontario ministry. A 1998 merits decision found a poisoned racial environment at a detention centre. The orders were extraordinary: the ruling read at parade for five consecutive days, attached to every staff pay slip, published in the institutional newsletter, a Commission-approved training programme. The 2002 orders added third-party consultants reporting every six months, with the Deputy Minister personally responsible for implementation. The adjudicator remained seized and was still issuing compliance rulings in 2007 — roughly thirteen years of continuous supervision of a government ministry.
Part of the reason is structural rather than judicial. McKinnon was possible because, before 2008, the Commission received and carried every individual complaint to a Board of Inquiry as a party — which is why it is captioned Ontario Human Rights Commission v. Ontario (Correctional Services). Direct access ended that routine carriage in June 2008. The Commission still holds s. 35 and s. 37 powers and still uses them, but an individual applicant no longer arrives with a public body already in the room. The two closed doors.
What to read first, if you are representing yourself
Read in this order, because this is the order the record says you will need them.
- Miller, 2009 HRTO 1241 — the one-year rule. The single most likely reason a case ends.
- Parry Sound, 2003 SCC 42 — only if you are unionised. It explains why your case may be sent to arbitration and what that means.
- Dabic, 2010 HRTO 1994 — the no-reasonable-prospect test, so you know what a dismissal letter is actually asking you to answer.
- O'Malley, 1985 — the prima facie test. This is what you must eventually prove, and it is lower than most people assume.
- Noble, 2010 HRTO 878 — the reprisal test, if anything happened to you after you complained. Reprisal is a free-standing wrong.
- Sigrist, 2008 HRTO 34 — only if you have been dismissed and are considering reconsideration.
Method
Citation counts are from a network run across the full text of 484 Ontario corrections decisions, 1984–2026. Doctrine presence is a text-presence pass across the same corpus — it records whether a concept is discussed, not how it was resolved. Ratios were then recomputed independently for the Thunder Bay corpus (57 decisions) and the Durham corpus, and hold in the same direction at all three. Coding source: text-verified.
Counts describe published decisions only. Matters that settle, are withdrawn, or are resolved at mediation produce no published decision and are absent from every figure on this page.