13-14 Human Rights Flashcards
What is the Rationale?
The Toronto Police Service (Service) is committed to the protection and promotion of human rights in both the workplace and in the delivery of police services. The Service is dedicated to providing work environments and policing services that are fair, respectful and unbiased.
The Ontario Human Rights Code (Human Rights Code) states that every person has a right to equal treatment with respect to employment without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.
The right to “equal treatment with respect to employment” applies to every aspect of the workplace environment and employment relationship.
This procedure outlines the process for reporting any incident where it is alleged a member contravened the Human Rights Code. This procedure also provides direction for the handling of complaints containing an allegation that a member contravened the Human Rights Code, which are received internally as conduct complaints or received directly from the Human Rights Tribunal of Ontario (HRTO).
Procedure - This procedure applies to the conduct of all _________. This procedure also applies to the off-duty conduct of all members wherein participation in any _____
Service members in the performance of their duties
off-duty activity is by virtue of their status as a Service member.
Ontario Human Rights Code -
The Human Rights Code prohibits actions that discriminate based on a prohibited ground in a protected social area.
The following are the Human Rights Code prohibited grounds:
Age;
Ancestry;
Colour;
Race;
Citizenship;
Ethnic origin;
Place of origin;
Creed;
Disability;
Family status;
Marital status (including single status);
Gender Identity;
Gender expression;
Receipt of public assistance (in housing only);
Record of offences (in employment only);
Sex (including pregnancy and breastfeeding); and
Sexual orientation.
Ontario Human Rights Code - The following are the Human Rights Code protected social areas:
Accommodation (housing)
Contracts
Employment
Goods, services and facilities
Membership in vocational associations and trade unions
Discrimination and/or Harassment -
Harassment means engaging in a course of vexatious comments or conduct that is known or ought reasonably to be known to be unwelcome.
Harassment can include a one–time incident or repeated incidents.
Examples include, but are not limited to, the following:
any action, verbal or physical, that expresses or promotes intolerance, prejudice, discord or hatred based on any prohibited ground under the Human Rights Code;
unwelcome or offensive comments, remarks, innuendos, banter, teasing, gossip or joking that is based on any prohibited ground under the Human Rights Code;
unwelcome inquiries, questions or comments about an individual based on any prohibited ground under the Human Rights Code;
offensive written or visual material, like graffiti or degrading pictures, based on any prohibited ground under the Human Rights Code;
using bias or stereotypes in language or other forms of communication;
threats, intimidation or physical force based on a prohibited ground under the Human Rights Code;
condescending, paternalistic or patronizing behaviour based on a prohibited ground under the Human Rights Code;
refusal to work or co–operate with a member based on any prohibited ground under the Human Rights Code;
unwanted attention of a repetitive, derogatory or abusive nature;
any unwelcome physical contact;
implied or expressed promise of reward for complying with a sexually oriented request;
implied or expressed threats or penalty for failure to comply with a sexually oriented request;
unwelcome staring, obscene or offensive gestures;
persistent unwanted contact or attention after a personal relationship has ended;
misgendering trans and gender variant people, and failure to use chosen name and pronouns; and
exclusion, ignoring and other “by omission acts”
Steps taken by a supervisor as part of performance management or discipline are not harassment.
Duty to Accommodate -
The Service acknowledges its obligation and responsibility, short of undue hardship, to provide ___________.
For accommodation requests, both medical and non-medical, members shall refer to Procedure 08–13.
accommodated work to its members, for reasons related to a prohibited ground covered under the Human Rights Code
Freedom from Reprisal -
Every member of the Service has a right to _____, to provide ______ in proceedings without reprisal or threat of reprisal.
claim and enforce their rights
evidence and to participate
Freedom from Reprisal - Members SHALL not______ against any person who makes a report or complaint about their conduct or the conduct of another Service member.
harass, intimidate, retaliate or threaten to retaliate
Freedom from Reprisal - Any member who, in good faith, reports a breach of______ SHALL not be subject to reprisal for making such report.
Service or Legislative Governance or an act of misconduct
Confidentiality -
Members who, by virtue of their positions, are privy to information or in possession of documentation pertaining to a complaint SHALL
hold such information in strict confidence. This SHALL include refraining from discussions or releasing information, in any form, beyond that outlined in this Procedure, or as required by law.
Section 1: Human Rights Complaint Procedure for Service Members - Member - When reporting any incident where it is alleged that another member contravened the Human Rights Code may
initiate an internal complaint per the direction contained within Procedures 13-03 and 13-09, as applicable, and/or
initiate a Human Rights Complaint directly with the Human Rights Tribunal of Ontario (HRTO)
xvi. Complaints can be mailed directly to the HRTO (http://www.sjto.gov.on.ca/hrto/). The Human Rights Legal Support Centre (http://www.hrlsc.on.ca/) is available for assistance and information.
Supervisor - When receiving an internal complaint containing an allegation that a member contravened the Human Rights Code SHALL
comply with Procedures 13–03 and 13–09, as applicable
ensure the complainant and any witnesses are protected from reprisal
ensure the workplace is not poisoned/toxic
Section 2: Complaints Received from the Human Rights Tribunal of Ontario -
Complaints received directly from the HRTO are generally mailed to a Service facility. These documents may be addressed to the_________. It is important that these documents are sent immediately to Legal Services and that no member SHALL deal directly with the HRTO.
Service, the Chief of Police, a Unit Commander and/or a specific member
Section 2: Complaints Received from the Human Rights Tribunal of Ontario - Member -
When the respondent in an HRTO complaint SHALL
record on the reverse side of the original document
their name, rank/position, employee number, and unit
the date, time and location received
their signature
immediately send a copy of the document to Legal Services by TPS eFax
advise and provide a copy of the documents to their supervisor
may retain a copy of the document
forward the original document to Legal Services
not respond directly to the HRTO
Section 2: Complaints Received from the Human Rights Tribunal of Ontario - Supervisor
Upon becoming aware that a member is the respondent in an HRTO complaint SHALL
ensure the member has complied with item 6
forward the copy of the documents to the respondent’s Unit Commander
ensure that the complainant and any witnesses are protected from reprisal
ensure the workplace is not poisoned/toxic
not respond directly to the HRTO
Definitions - Complainant
in reference to human rights complaints means the person initiating a Human Rights Code complaint.
Definitions - Discrimination
means any distinction, conduct or action, either by intention or not, on the basis of any prohibited ground under the Human Rights Code, which has the impact of excluding persons, denying benefits or imposing burdens on an individual or group, which are not imposed on others or which withholds or limits access to benefits available to others.
Definitions - Harassment
means engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.
[Source: ss. 10(1), Human Rights Code]
Definitions - Human Rights Complaint
means an alleged violation of a prohibited ground under the Human Rights Code.
Definitions - Human Rights Tribunal of Ontario (HRTO)
means the independent provincial government agency who receives Human Rights Code complaint applications and assists parties to resolve complaints through mediation and/or a hearing.
Definitions - Internal Complaint
means an allegation from internal sources concerning the conduct of a police officer, or the policies or the services provided by the Toronto Police Service.
Definitions - Internal Complaint – Civilian
in reference to the civilian complaint and discipline process means an allegation from internal sources concerning the conduct of a civilian member, or the policies or the services provided by the Toronto Police Service.
Definitions - Offensive Material
means the possession, reproduction, circulation, dissemination, publication or posting of any material that may be considered harassment under the Human Rights Code in any area of a Toronto Police Service facility.
Definitions - Ontario Human Rights Commission (OHRC)
means an independent government agency that provides leadership for the promotion, protection and advancement of human rights and builds partnerships across the human rights system (but does not receive Human Rights Code complaints).
Definitions - Poisoned/Toxic Environment
is created in a workplace when harassment or discrimination creates a hostile, negative, intolerable environment as assessed by a reasonable, objective observer. A .poisoned/toxic environment can interfere with any/or undermine work performance, and can cause emotional and psychological impacts. As such, it results in unequal terms and conditions of employment, and prevents or impairs full and equal enjoyment of employment, benefits, or opportunities. It often involves severe, wrongful behaviour that is persistent or repeated, but a single, stand-alone incident can amount to a poisoned/toxic environment if it is particularly egregious. Service providers must also take steps to also ensure that any environment where they are providing a service to the public is not poisoned or toxic.
Definitions - Prohibited Grounds
means the protected grounds under the Ontario Human Rights Code for which a person cannot discriminate. These include: age, ancestry, citizenship, colour, creed, disability, ethnic origin, family status, gender expression, gender identity, marital status (including single status), place of origin, race, receipt of public assistance (in housing only), record of offences (in employment only), sex (including discrimination based on pregnancy and breastfeeding), and sexual orientation.
Definitions - Racially Biased Policing
occurs when a member of a police service inappropriately considers race or ethnicity in deciding how and with whom to intervene in an enforcement capacity. Racial Biased Policing includes racial profiling.
Definitions - Respondent – Human Rights Complaint
means the member who is the subject of a Human Rights Code complaint.
Definitions - Stereotyping
means that particular roles and characteristics are attributed to people on the basis of a prohibited ground under the Human Rights Code.
Definitions - Systemic Discrimination
means organizational policies or practices that create or perpetuate a position of relative disadvantage for some individuals/groups, on the basis of prohibited grounds.
