Flash: Insults Cause Long-Term Inability To Cook Food

Toronto Sun – She is helping friend, Ray Nemard, 40, in his bid to obtain an apology from the commission after he was allegedly called a “f****** monkey,” by an operator at Coxwell subway station in 2004.

A complaint was filed to the Ontario Human Rights Commission, which is hearing his case.

“I am not happy by what I heard today,” Nemard said after the meeting. “The operator who did this to me is still on the job even though we know he has 16 complaints against him.”

He takes “pills and other medication” to help him cope with the slur, which he said led to a loss of his job as a chef.

More From The “No Dick, No Problem” File

Ottawa Citizen – What a difference a week makes. Just days after that final ruling, the Ontario Federation of School Athletic Associations (OFSAA), which oversees high school sports, was forced to stand down on the same issue. OFSAA was advised it was about to lose a challenge before the Ontario Human Rights Tribunal on its written policy denying girls the right to try out for boys’ teams if a girls’ team exists in the school.

Now, girls can play on a boys’ team in Ontario’s 860-plus high schools if they successfully try out. The switch is now sparking heated discussions about how to manage school sports everywhere.

Ontario Human Rights Commission: No Dick? No Problem

Vancouver Sun – Female high school athletes in Ontario will have the opportunity to crack the roster of boys’ teams next year after amendments were made to a provincewide policy following a human rights complaint.

The Ontario Federation of School Athletic Associations (OFSAA) said it will allow girls to try out for boys’ teams after Courtney Greer, a Grade 11 soccer player from Waterloo, Ont., a filed formal complaint.

When Human Rights Collide #17

Toronto Star – City bureaucrats may withdraw funding from Pride Toronto next year if the activist group Queers Against Israeli Apartheid is allowed to march in this summer’s parade.

The city, which gave Pride $121,000 in 2009, believes its anti-discrimination policy was likely violated by QuAIA’s conduct and even its very presence at last summer’s parade, said general manager of economic development and culture Mike Williams…

“They’re trying to compare it to hate speech, and I find it deeply offensive, as somebody who’s been fighting human rights battles for a really long time, to hear that criticism of the state of Israel is somehow hate speech. No way,” said Flanders, one of several Jewish QuAIA members.

“I’m a big Jew-lover. And my Judaism taught me to stand up for what is right. This has nothing to do with anything other than criticism of Israel … Political difference need not be censored.”

Since There’s No Repercussions, Why Not File A Complaint?

Bold ours.

Your Ottawa Region – Update: The respondents have agreed with the suspension of proceedings. The case is now closed.

The human rights violation claim against Mayor Terry Gibeau and the Town of Arnprior was dropped suddenly April 12.

Applicants Igor (Alex) Winter and James (Ron) MacIntyre contacted the Ontario Human Rights Commission to have the claim dismissed after nine days of hearings. The final two days were to take place early next week at the Best Western hotel, on Carling Avenue in Ottawa.

Repeated requests for interviews went unanswered by Winter, MacIntrye and their lawyer, Gordon Douglas of Gowlings Lafleur Henderson in Ottawa…Tribunal vice-chairman David A. Wright, who was presiding over the hearing, also refused comment.

From the Tribunal’s “Core Values” section:

Transparency: Tribunal procedures will be clearly established and decisions will be made in an open way, with substantive reasons that are clear, concise and understandable.

The Human Right To Fart. Or Not. We’re Not Sure

Globe and Mail – Environmental sensitivity is listed as a disability in Ontario’s Human Rights Code, which means that employers have a duty to accommodate the needs of the environmentally sensitive in the workplace.

However the rule doesn’t specifically address scent sensitivities as a disability, says Pascale Demers, spokesperson for the Ontario Human Rights Commission.

The commission has only ever received two complaints from employees about scent sensitivity. Both were settled privately, and the commission has no information about what was decided, Ms. Demers says.

Human Rights Is Big Bucks #21: Ontario Human Rights Commission

According to salary disclosure rules, only people earning over $100,000/year must be listed for public viewing. Here are the numbers from 2008.

We cut some slack and didn’t add up the cents.

Top earner: Nancy Austin, Executive Director. $211,469

Lowest earner: Roxanne Kalimootoo, Registrar. $100,174

Middle of the road: Barbara Hall, Chief Commissioner. $139,869

Total Salaries for the 17 earning over 100 grand: $2,583,805

Average pay per year for the 17 earning over 100 grand: $151,988

Ontario Human Rights Commission: Business Is Booming

Toronto Star – Ontario’s newly streamlined human rights watchdog is swamped with allegations of sex, race and disability discrimination, the Starhas found.

“We are really overwhelmed by our volume of cases now,” said Katherine Laird, the senior official whose job it is to support people who say they are victims. “Our phones are ringing off the hook.”

The Ontario Attorney General created a new human rights system nearly two years ago, making it easier for people with claims to get a hearing before the Human Rights Tribunal of Ontario…

Ontario Human Rights Commission chair Barbara Hall believes only a small number of cases are ever reported. “This is the tip of the iceberg,” she says.

Judgement Day: Another “Human Rights” Case Goes Into The Toilet

Canadian Occupational Safety – Then, the court stated, “an essential element of the job of a paramedic is to transport patients as quickly as possible.  It was accepted by the arbitrator and admitted before us that there will be delays if a paramedic is unable to drive.  Extending human rights protection to situations that will result in placing the lives of others at risk flies in the face of logic…accordingly, the decision of the arbitrator dated July 2, 2007 is set aside.”

DWE Reminder: “Human Rights” Is Always About Money. Always.

Bold ours.

Standard-Freeholder – Corcoran was told to step down from his role on the altar at Sunday Mass in April last year when parishioners complained to Bishop Nicola de Angelis that an openly homosexual couple was serving on the altar at St. Michael’s. Corcoran alleges he is being excluded from a role in the parish solely because he is gay, and that this violates the Ontario Human Rights Code.

The 12 St. Michael’s parishioners claim the Human Rights Code does not have jurisdiction over liturgical roles in a church and that internal church governance is protected by the Canadian Charter of Rights and Freedoms.

Corcoran is asking for damages of $20,000 from each of the parishioners and that the diocese cover his legal costs.

Results From Ontario Tribunal That Dictate Police Procedure Are “Private”

CBC – The Toronto police service has started an internal review on how officers conduct searches and arrests when dealing with people from various religions, CBC News has learned.

The review was sparked by a human rights complaint in July 2008 after a police officer removed a Muslim woman’s hijab, or head scarf.

The complaint eventually made its way to the Ontario Human Rights Tribunal, where it was settled out of court before a hearing could occur this past January.

Due to privacy rules, CBC News was not able to obtain a copy of the complaint or learn the identity of the Muslim woman.

In It To Win It

Ottawa Citizen – But as Richard Grainer discusses the fumes from fabric softener sheets his neighbours use in their clothes dryer and how that toxic air could kill his asthmatic three-year-old, I wonder why he is so intent on continuing his battle with his landlord, turning now to the Human Rights Tribunal of Ontario for help, when he could simply move…

Grainer says in hindsight, he might have moved had he known he would still be fighting this battle. But he thinks he is on the verge of winning it. And, he says, he really likes living in New Edinburgh.

I guess that answers my question. But wouldn’t watching a three-year-old suffer repeated asthma attacks be reason enough to say goodbye to the landlord?

Video: Human Rights Is Big Bucks #15

“…the cap on damages has been removed…I’ll be exploring how the Tribunal has been handling applications under the new and transitional rules, and strategies you can use if you appear before the Tribunal. I’ll also be discussing damage awards after the cap…”

Video: Anatomy Of A Shakedown

Want To Whip Out Your Tits? Cool

Toronto Star – The sticker, featuring a drawing of a Madonna-like woman, is part of Toronto Public Health’s “Anytime. Anywhere” campaign. Since 2008, some 6,100 stickers have been sent to restaurants, libraries and malls to make nursing mothers feel more comfortable, and encourage establishments to train their staff on how best to deal with prudish patrons. The decals are also a reminder that breastfeeding in public is sanctioned by the Ontario Human Rights Commission…

Oh. You Thought Legislators Controlled The Town Coffers?

570 News – The region is spending more than two million dollars to equip its buses with automated technology that will call out all stops for passengers. The $2.4-million investment will put Grand River Transit in compliance with an Ontario Human Rights Commission ruling that requires all systems to accommodate passengers who are visually or hearing impaired.

Oops. Ontario To Disabled: Buy Your Own Damn Food

Toronto Star – Ontario is scrapping the Special Diet Allowance that helps people on social assistance pay extra food costs related to specific medical conditions such as diabetes and high blood pressure…

The Ontario Human Rights Commission ruled last month that the allowance program discriminates against people with certain conditions. It ordered the province to increase payments for three complainants and boost benefits for everyone under similar circumstances within three months.

But the budget’s plan to kill the allowance in favour of a new program, effectively allows the government to side step the ruling, officials said.

Bummer. Pain And Suffering Only Worth 6 Grand

Guelph Mercury – Matt Wozenilek can’t wait to try out the wheelchair-accessible door at his neighbourhood 7-Eleven store after taking the company to the Ontario Human Rights Tribunal and winning…

He filed an application with the tribunal Jan. 7, 2009 and later amended it, asking for $25,000 for pain and suffering, a public letter of regret from 7-Eleven and the installation of automatic doors at all 7-Eleven stores in Canada…

The tribunal decided the company did not have to write a public letter of regret but it would have to pay $6,000 to Wozenilek.

“I asked for $25,000 to get their attention,” Wozenilek said Wednesday. “I’m happy with the $6,000. It will cover my expenses.”

Indeed

Edmonton Journal – And, if that all sounds enigmatic, the figuring-out is left to you, which is both respectful and fun. Ah, fun: there’s a word you never thought you’d use about a play with a long scene set in the anteroom of the Ontario Human Rights Commission — an act of theatrical courage if there ever was one.

But there it is, a lively debate, positively bristling with ironies.

Oh. You Thought City Council Ran the City?

The Observer – The city of Sarnia will meet to discuss proposed changes to the official plan and zoning by-laws in response to concerns from the Ontario Human Rights Legal Support Centre. City staff have reviewed and proposed amendments to by-laws that the centre has said are discriminatory. The meeting will take place before the March 22 in the council chambers at city hall.

Human Rights Is Big Bucks #8

National Post – And indeed, why bother? The number of cases that end like Mr. Fulton’s, with the accused walking away free from conviction or having to pay out a sizable amount of money, are very few indeed. Many cases settle at the mediation stage, when the nature of the shakedown process is first revealed. Targets are told, in essence, “You can settle for $25,000 now or pay $200,000 in legal fees later. Take your pick.” Most pick settlement…

I phoned the Human Rights Tribunal of Ontario to ask why they had not adopted rules on costs. The spokesperson told me that any changes to the rules would require public consultation, and they had no public consultation scheduled. Just one feeble excuse after another. Meanwhile, the shakedowns continue.

“You Want What? A Rent Cheque? Screw You, Bigot.”

CNW – The Ontario Human Rights Commission, the City of Toronto, the Federation of Rental-Housing Providers of Ontario, the Greater Toronto Apartment Association and the Human Rights Legal Support Centre have joined forces to promote housing as a human right. The partners are encouraging Toronto tenants and landlords to learn more about these rights by today launching a poster that will appear in 120 transit shelters across Toronto during the month of March.

Pulling Out The Big Guns

Toronto Star - Tad Klupsas is legally blind and doesn’t drive.

He likes to shop on the Internet.

But he was frustrated by a recent purchase at Future Shop’s website. His order wasn’t processed correctly and he was unable to use any refund options he was given…

“Your refusal to provide alternate contacts is a violation of the Canadian and Ontario human rights codes,” he said in an email, adding that he was a long-time customer of Future Shop and hoped to remain one.

Luckily, he has strong glasses that allow him to read the Toronto Star. He wrote to me a week later, since his problem was still not resolved.

Chow Down

Toronto Star – Tens of thousands of people on welfare who receive a special diet allowance to help them manage medical conditions may see more money from Queen’s Park as a result of a recent Ontario Human Rights Tribunal ruling…

As a result of the decision, the tribunal ordered the province to increase the allowance for the lead complainants retroactive to the date they first became eligible. And it gave the government three months to boost benefits for anyone receiving the special diet allowance with the same medical conditions…

“After my heart attack in 2003, I found out I wasn’t putting the right food in my diet. And then I discovered I didn’t have enough money to buy those foods,” she said.

Man Fired After 8 Days On The Job, Awarded 90 Large By Ontario Human Rights Tribunal

The OHRC decision was made last year. Last week, it held up on appeal. Here’s the story:

[Financial Post, Sept 10 2008] Firing an employee for not disclosing his medical condition can be a very expensive error.

A few weeks after the terrorist attacks on the United States, Paul Lane applied for a job at ADGA, assisting it to develop software for the Department of National Defence. During his interview with the manager, Miranda Corbett, Lane failed to disclose he had bipolar disorder. He also lied about the number of sick days he had taken during the preceding 12 months.

Four days after he was hired, he told Corbett about his condition and that he would require time off if he began to experience a “manic episode.” He also said, if he began to show symptoms of rapid speech and extreme restlessness, management was to immediately contact his wife or doctor.

Following this meeting, he began to exhibit erratic behaviour. For example, much to the surprise of the program manager, he sent this e-mail: “Thanks a Million! Luv and Kisses. Paul.” The following week, Lane’s symptoms escalated to paranoia. He reported receiving death threats and hearing explosions in the building. This was obviously worrisome to a department assisting National Defence so soon after the horrific events of Sept. 11, 2001…

They canned him. Ooops. There goes $90, 000.

The breakdown:

• $35,000 in general damages for injury to his dignity and self-worth;
• $10,000 for reckless infliction of mental anguish;
• $34,278.75 for loss of salary;
• pre- and post-judgment interest on the above sums