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The RHPA's "blanket provision": protecting professional self-regulatory colleges from human rights complaints

By S. Priya Morley | WeirFoulds LLP | SEPTEMBER 27, 2016

In a recently released decision, Dindial v. College of Nurses,[1] the Human Rights Tribunal of Ontario ("HRTO") dismissed an application by a registered nurse alleging that she was discriminated against by the College of Nurses ("CNO") on the grounds of race, colour, ethnic origin, and disability.

The allegations arose from the CNO carrying out its duties under the Regulated Health Professions Act, 1991, S.O. 1991, c.18 ("RHPA"). The HRTO found that the applicant's allegations were based almost exclusively on evidence that was inadmissible before the HRTO pursuant to s. 36(3) of the RHPA and, on that basis, the application had no reasonable prospect of success.

As a result of this decision, it will be rare that a professional self-regulatory college's handling of a regulatory decision can be challenged before the HRTO or any other tribunal.

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