13-14 Human Rights

Question 1

What is the Rationale?

Answer 1

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).

Question 2

Procedure

This procedure applies to the conduct of all Service members in the performance of their duties. This procedure also applies to

Answer 2

the off-duty conduct of all members wherein participation in any off-duty activity is by virtue of their status as a Service member.

Question 3

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:

Answer 3

• 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

Question 4

Ontario Human Rights Code

The following are the Human Rights Code protected social areas:

Answer 4

• Accommodation (housing)
• Contracts
• Employment
• Goods, services and facilities
• Membership in vocational associations and trade unions

Question 5

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:

Answer 5

• 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.

Question 6

Duty to Accommodate

The Service acknowledges its obligation and responsibility, short of undue hardship, to provide

Answer 6

accommodated work to its members, for reasons related to a prohibited ground covered under the Human Rights Code.

Question 7

Freedom from Reprisal

Every member of the Service has a right to claim and enforce their rights, to provide evidence and to participate in proceedings without reprisal or threat of reprisal. Members SHALL not

Answer 7

harass, intimidate, retaliate or threaten to retaliate against any person who makes a report or complaint about their conduct or the conduct of another Service member.

Question 8

Freedom from Reprisal

Any member who, in good faith, reports a breach of Service or Legislative Governance or an act of misconduct SHALL

Answer 8

not be subject to reprisal for making such report.

Question 9

Confidentiality

Members who, by virtue of their positions, are privy to information or in possession of documentation pertaining to a complaint SHALL hold

Answer 9

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.

Question 10

Section 1: Human Rights Complaint Procedure for Service Members

Member

1. When reporting any incident where it is alleged that another member contravened the Human Rights Code may

Answer 10

• initiate an internal complaint per the direction contained within Procedures
• initiate a Human Rights Complaint directly with the Human Rights Tribunal of Ontario (HRTO)
• 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.

Question 11

Supervisor

2. When receiving an internal complaint containing an allegation that a member contravened the Human Rights Code SHALL

Answer 11

• ensure the complainant and any witnesses are protected from reprisal
• ensure the workplace is not poisoned/toxic

Question 12

Unit Commander

3. When receiving an internal complaint containing an allegation that a member contravened the Human Rights Code or upon being notified by a supervisor of such complaint SHALL

Answer 12

• consider consulting with Equity, Inclusion & Human Rights

Question 13

Unit Commander

4. When resolving a complaint containing an allegation that a member contravened the Human Rights Code SHALL

Answer 13

• consider consulting with Equity, Inclusion & Human Rights

Question 14

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 Service, the Chief of Police, a Unit Commander and/or a specific member. It is important that

Answer 14

these documents are sent immediately to Legal Services and that no member SHALL deal directly with the HRTO.

Question 15

Section 2: Complaints Received from the Human Rights Tribunal of Ontario

Member

5. When the respondent in an HRTO complaint SHALL

Answer 15

• record on the reverse side of the original document
  o their name, rank/position, employee number, and unit
  o the date, time and location received
  o 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

Question 16

Section 2: Complaints Received from the Human Rights Tribunal of Ontario

Supervisor

6. Upon becoming aware that a member is the respondent in an HRTO complaint SHALL

Answer 16

• 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

Question 17

Section 2: Complaints Received from the Human Rights Tribunal of Ontario

Unit Commander

7. Upon becoming aware that a member is the respondent in an HRTO complaint SHALL

Answer 17

• review and file the documents in the unit file
• ensure that the complainant and any witnesses are protected from reprisal
• ensure the workplace is not poisoned/toxic
• not respond directly to the HRTO

Question 18

Definitions 13-14

Discrimination means

Answer 18

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.

Question 19

Harassment means

Answer 19

engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome.

Question 20

Human Rights Tribunal of Ontario (HRTO) means

Answer 20

the independent provincial government agency who receives Human Rights Code complaint applications and assists parties to resolve complaints through mediation and/or a hearing.

Question 21

Ontario Human Rights Commission (OHRC) means

Answer 21

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).

Question 22

Poisoned/Toxic Environment is created in a workplace when

Answer 22

harassment or discrimination creates a hostile, negative, intolerable environment as assessed by a reasonable, objective observer. A poisoned/toxic environment can interfere with and/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.

Question 23

Racially Biased Policing occurs when

Answer 23

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.

Question 24

Respondent – Human Rights Complaint means

Answer 24

the member who is the subject of a Human Rights Code complaint.

Question 25

Stereotyping means

Answer 25

that particular roles and characteristics are attributed to people on the basis of a prohibited ground under the Human Rights Code.

Question 26

Systemic Discrimination means

Answer 26

organizational policies or practices that create or perpetuate a position of relative disadvantage for some individuals/groups, on the basis of prohibited grounds.