Human Rights, Harassment and

Hate Activity Policy Framework

The Corporate Services Committee recommends the adoption of the report (November25, 1998) from the Executive Director of Human Resources.

The Corporate Services Committee reports, for the information of Council, having forwarded the communication (November 4, 1998) from the President, City of Toronto Administrative, Professional Supervisory Association, Incorporated; and the submission dated (December 7, 1998) from League for Human Rights of B'Nai Brith Canada, regarding Policies on Human Rights, Harassment and Hate Activity, to the Executive Director of Human Resources for report thereon to the meeting of Council scheduled to be held on December 16, 1998.

The Corporate Services Committee submits the following report (November 25, 1998) from the Executive Director of Human Resources:

Purpose:

The purpose of this report is to present a policy framework regarding the achievement of human rights and the elimination of discrimination, harassment and hate activity, in support of protecting employees, residents of the City of Toronto and the users of municipal services.

Funding Sources, Financial Implications and Impact Statement:

Each of the former municipalities allocated resources and had procedures in place to address these issues. This Proposed policy is being presented in advance of the final Report of the Task Force on Community Access and Equity, expected in January, 1999. The final level of resource allocation will be made in conjunction with the corporate implementation plan for the Task Force Report.

Recommendations:

It is recommended that:

(1)the Human Rights, Harassment and Hate Activity Policy Framework outlined in this report and the policies in Appendices One and Three be approved;

(2)all Agencies, Boards, Commissions and Special Purpose Bodies be requested to implement a Human Rights, Harassment and Hate Activity policies consistent with the provisions of these policies within one year, and be required to report back through the Executive Director of Human Resources; and

(3)the appropriate civic officials be authorized to take the necessary action to give effect thereto.

Reference:

At its meeting of October 9, 1998, the Corporate Services Committee had before it a Draft Human Rights and Harassment Policy.

In February 1998, the Inter-Agency Working Committee on Anti-Hate and Anti-Crime started to develop a harmonized set of procedures on how to address hate crime activities.

The draft policies were circulated for comment. As a result of the comments received, it was decided to present a policy framework within which the specific policies and procedures would operate. Discrimination and harassment are human rights issues which tend to be addressed in civil law; hate crime is a human rights matter which is also addressed by criminal law. Appended to this report in Appendices One and Three are the specific policies and procedures being recommended to address human rights, harassment and hate activities.

History and Background of Human Rights and Harassment Policy and Procedures:

Each of the former municipalities had policies which were established to ensure compliance with human rights legislation, to be pro-active and prevention oriented regarding discrimination and harassment, and to be a corporate leader. The human rights policies and programs apply to employment, contracts, services, facilities, and accommodation.

Attached are two appendices. Appendix One, the proposed human rights and harassment policy, is a consolidation of the "best practices" of the former municipalities. Appendix Two provides a comparison of the practices and policies of the former municipalities.

The consolidated policy incorporates best practices as well as the framework which the Ontario Human Rights Commission recommends for internal systems.

These include:

(a)choice of complaint process, e.g., internal complaints process, grievance, where applicable, or the Ontario Human Rights Commission;

(b)opportunity for dispute resolution at the department or corporate level;

(c)separation of complaint intake from formal investigation;

(d)investigation to be undertaken on an "arms-length basis" outside the "chain of command";

(e)the provision of education and training for all covered by the Policy; and

(f)the submission of an annual report to Council.

Experience has shown that the establishment of a Human Rights and Harassment Policy, besides continuing to place the City as a corporate leader, clarifies what is appropriate workplace behaviour, provides a mechanism that is fair to all parties, and at the same time provides "due diligence".

Responses received to the Draft Human Rights and Harassment Policy:

The overall response was positive in support of the Policy and for it to be provided in a "clear language" version and alternate formats when approved.

Clarification was requested regarding the support that would be available to small community centres, the availability of legal advice for staff in the executive group and the organizational placement of the proposed human rights office.

Changes were requested regarding the following: application to all Members of Council, the right of staff to use an external investigator; the establishment of a tribunal to make decisions about complaints; and that the Policy be established as a by-law of Council.

Changes made as a result of these comments:

(1)The text has been clarified to refer to all "Members of Council".

(2)The Human Rights Office may assist with investigations involving the Executive Directors of an Agency, Board or Commission, or Board members appointed by City Council, only when requested by the Board.

(3)Because the policy is intended to assist with dispute resolution and create a positive environment, a limit of $5,000.00 is to be placed on the amount of legal fees that will be reimbursed to either party. To ensure no distinction between the parties during the investigation process, both the complainant and the respondent will be eligible for coverage. However, coverage continues to be limited to only those complaints brought against Members of Council and staff covered by Section 6 of the policy.

The following requests for changes are not recommended:

(1)the right of staff to file complaints with an external investigator; and

(2)the establishment of an arms-length Tribunal to make decisions regarding complaints rather than internal human rights office; and

(3)the establishment of a stand-alone by-law.

These requests are not recommended because they are contrary to the purpose behind the adoption of this Policy - which is voluntary self-regulation. The proposed Policy continues to provide choice of complaint avenue for members of the public and employees. The proposed Policy is aimed at prevention through a strategy of public and staff education backed up by rigorous enforcement procedures. In addition, the cost of providing the automatic right to an external investigator would be considerable.

As a corporate leader with a legal obligation to create a respectful environment for workers and users of our services, we need to have the opportunity to address problems. This Policy is intended to minimize the necessity for any staff person or member of the public to formalize their concerns. The Policy seeks to provide a mechanism for resolving disputes outside of the realm of more formalized systems, such as collective agreements and human rights laws. Individuals retain the right to pursue external avenues such as the Ontario Human Rights Commission.

Given that the policy will be approved through a confirmatory by-law, there is no value added by a separate by-law, according to the City Solicitor.

History and Background for Hate Activity Policy and Procedures:

A hate crime is a criminal offence against a person or property where the evidence demonstrates that the offence was motivated by the suspect/offender's bias, prejudice or hate based on race, national or ethnic origin, language colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor.

Toronto Police Services reported an 19percent increase in hate crime activity in the first six months of 1998, compared with the same period in 1997. Offences range from murder, attempted murder, violent assaults, sexual assaults, physical assaults, verbal harassment, threats, obscene calls, intimidation and harassment, hate mail, damage to property, graffiti, vandalism, etc. In Toronto, 1,190 crimes of hate have been reported to the police Services since 1993. Based on this information, the victims have been Aboriginal/Native/First Nations persons, black persons, other people of colour, Jews, Lesbians, Gays, Transgendered persons, persons with disabilities and women. The impact on the victim as well as the community is devastating.

In this context, this report is both timely and urgent. Hate activity in the City of Toronto is rising and this has serious implications to the quality of life for all of Toronto's residents.

The proposed Hate Activity Policy presented in Appendix Three is the result of several months work with City's Community Advisory Committee on Anti-hate and Anti-Racism, a committee comprised of staff from several different community agencies and government organizations working in this field.

The Hate Activity Policy is designed to ensure the safety and protection of all staff, members of Council and users of municipal services. The Policy provides staff and elected officials with procedures and guidelines to enable them to respond to hate activity and support victims, creating an environment that will allow individuals to feel safe in reporting hate activity.

Responses received to the Draft Hate Activity Policy:

The overall response was supportive of the establishment and implementation of a Hate Activity Policy. Based on specific comments received, the draft policy was amended to include positive measures in the policy statement and to further clarify the roles and responsibilities of supervisors, police and the City's Human Rights Office.

In addition to the policy, the City has already developed a resource book, "HATE: Communities Can Respond", which is a comprehensive guide providing information on understanding hate activity, assisting the victim, mobilizing the community, roles and responsibilities of various institutions, legal definitions and remedies, law enforcement, hate symbols, anti-hate organizations, definitions of terms and the intake of incident reports. Copies of the resource book are available upon request from the Access and Equity Centre.

Conclusion:

The formalization of the proposed Human Rights, Harassment and Hate Activity Policy Framework advances the harmonization of policies and practices across the new City based on best practices and continues to integrate access and equity into all municipal functions, and continues to identify the City of Toronto as a corporate leader on human rights. The inter-agency working group on hate activity is an important mechanism for continuing the City's work. As well, the implementation of a comprehensive communications strategy for employees and members of the public will contribute to an environment which recognizes the dignity and worth of the people of Toronto.

Contact:

Alison Anderson 392-5028

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Appendix One

City of Toronto

Human Rights and Harassment Policy

1.0Policy Statement:

Under the Ontario Human Rights Code, every person has a right to equal treatment by the City of Toronto, its agencies, boards, commissions and its citizen advisory committees, with respect to services and facilities, accommodation, contracts and employment.

In continuing its leadership in the recognition of the dignity and worth of each person, the City of Toronto has adopted this Human Rights and Harassment Policy to ensure ethical and respectful service and employment practices which incorporate equitable treatment for all employees, residents, and recipients of municipal services.

The goal of the Policy is the creation of a climate of understanding and mutual respect where each person feels a part of the community and is able to contribute fully to the development and well-being of the City of Toronto.

The City of Toronto will not tolerate, ignore, or condone any form of discrimination or harassment. All employees are responsible for respecting the dignity and rights of their co-workers and the public they serve. Discrimination and harassment are serious forms of employee misconduct which may result in disciplinary action up to and including discharge.

Members of the public, visitors to City facilities, or individuals conducting business with the City of Toronto, are expected to adhere to this Policy, including refraining from harassment of employees, elected officials, and persons acting on behalf of the City of Toronto. If such harassment occurs, the City will take any steps available to ensure a harassment-free workplace, including barring the harasser from its facilities, where appropriate, or discontinuing business with contractors or consultants.

2.0Application:

2.1Services and Facilities:

Every person has a right to equal treatment with respect to City services and facilities, without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status, receipt of public assistance, political affiliation, disability or level of literacy.

2.2Occupation of Accommodation:

Every person has a right to equal treatment with respect to the occupancy of City-owned accommodation, without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status, receipt of public assistance, political affiliation, disability or level of literacy.

2.3Contracts:

Every person having legal capacity has a right to contract on equal terms without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, marital status, family status, political affiliation, disability or level of literacy.

2.4Employment:

Every person has a right to equal treatment with respect to employment with the City without discrimination or harassment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, record of offences, marital status, family status, disability, level of literacy, political affiliation, membership in a union or staff association, or any other personal characteristic.

3.0Program:

In addition to the formal policy and complaints procedure described here, activities of the Human Rights Program include:

(a)providing confidential advisory services;

(b)training;

(c)monitoring selection processes;

(d)monitoring appointments to Agencies, Boards and Commissions;

(e)policy development and research;

(f)public education and awareness programs with agencies;

(g)program and policy advocacy; and

(h)community liaison.

4.0Definitions:

4.1Equal Treatment:

Equal treatment is treatment that brings about an equality of results and that may, in some instances, require different treatment. For example, to give all employees equal treatment in entering a building, it may be necessary to provide a ramp for an employee who requires the use of a wheelchair.

4.2Discrimination:

Discrimination is any practice or behaviour, whether intentional or not, which has a negative effect on an individual or group because of personal characteristics or circumstances unrelated to the person's abilities or the employment or service issue in question (e.g.,disability, sex, race, sexual orientation). Discrimination may arise as a result of direct differential treatment or it may result from the unequal effect of treating individuals and groups in the same way. Either way, if the effect of the behaviour on the individual is to withhold or limit full, equal and meaningful access to goods, services, facilities, employment, housing accommodation, or contracts available to other members of society, it is discrimination.

4.3Harassment:

Harassment means improper comment or conduct that a person knows or ought to know would be unwelcome, offensive, embarrassing or hurtful. Harassment may result f rom one incident or a series of incidents. Examples of harassment include, but are not limited to: derogatory remarks; threats; inappropriate jokes, innuendos and teasing; insulting gestures; practical jokes which result in embarrassment; displaying pin-ups, pornography, or other offensive materials; actions that invade privacy; spreading rumours that damage one's reputation; refusing to work with; condescending or patronizing behaviour; abuse of authority; unwelcome touching; physical assault or sexual assault.

4.4Workplace Harassment:

The workplace includes all locations where business or social activities of the Corporation are conducted. Workplace harassment can also include incidents that happen away from work (e.g.,inappropriate phone calls or visits to an employee's home) or harassment from clients and service recipients.

4.5Employee:

For the purpose of this Policy, the term employee includes Members of Council, employees, appointees, volunteers, contractors and consultants working with the City of Toronto.

4.6Human Rights Office:

The Human Rights Office is an office established by the City, reporting to the Executive Director of Human Resources to implement the provisions of this Policy. For the purposes of this policy, the Executive Director of Human Resources reports to Chief Administrative Officer.

5.0Complaints Procedure for Employees:

5.1Informal Resolution:

This procedure is intended as an alternate dispute resolution process. All employees are encouraged to attempt to resolve matters themselves before filing a complaint or grievance. If employees feel they have been harassed or discriminated against, they are encouraged to raise the matter and explain their concerns to the co-worker or manager who is the source of their concern. When presented with such a concern, all employees and managers are expected to make reasonable adjustments to their behaviour to resolve the matter.

5.2Advice, Assistance and Accommodation:

Employees can seek advice and assistance from their supervisor, manager, Departmental Human Resources staff, Employee Assistance, the Human Rights Office, or their union or staff association. All information provided to the Human Rights Office will remain confidential. The employee's department will only be contacted with the employee's express consent. The Office can help employees solve the problem themselves or consult with the Department in order to resolve the matter without a formal complaint. Accommodation of special needs (e.g.,documents in alternate formats, interpreters, off-hour meetings) will be provided as required to ensure that employees can fully participate in the resolution process.

5.3 Formal Complaints:

If informal means of resolving a situation are not effective or appropriate, a formal complaint may be necessary. Anonymous complaints will not be accepted. Formal complaints must be in writing and signed by the complainant. Staff of the Human Rights Office can assist in drafting the formal complaint. All formal complaints will be referred to the Human Rights Office for mediation and/or investigation.

5.4Other Avenues of Complaint:

Employees have a legal right to pursue a human rights concern under a variety of complaint avenues: a grievance under collective agreement, a complaint under the human rights policy, a complaint with the Ontario Human Rights Commission, Ontario Labour Relations Board, or a criminal complaint with the Police if appropriate. Complaints under the Policy will be held in abeyance if a grievance has been filed under a collective agreement, Human Rights Code, or other avenue regarding the same events.

5.5Complaints with the Ontario Human Rights Commission:

Official complaints filed with the Ontario Human Rights Commission will be referred to the City Solicitor and the Human Rights Office for joint review, mediation or investigation.

5.6Grievances of Discrimination or Harassment:

The Employee and Labour Relations Office will inform the Human Rights Office of grievances regarding discrimination or harassment that are filed under the collective agreements.

5.7Complainants:

Complaints about a contravention of the Policy will be accepted from any source that provides reasonable grounds to initiate an investigation (i.e., involved person or group, witnesses, other third parties). The Human Rights Office may also initiate a formal complaint if it has information which suggests the existence of an outstanding specific or systemic problem in the workplace.

5.8Reprisals:

This Policy strictly prohibits any retaliation against an individual for pursuing their rights under this Policy, initiating a complaint, participating as a witness in an investigation, or having been associated with a complainant or witness.

5.9Time Limits:

The time limit for the filing of complaints under the Policy is 6 months from the time of the alleged discrimination or harassment. Exceptions may be made in extenuating circumstances.

5.10Refusal to Investigate:

The Human Rights Office may also refuse to investigate, or may discontinue an investigation, where: an adequate remedy already exists; the complaint is frivolous, vexatious or not made in good faith; or, having regard to all the circumstances, further investigation of the matter is unnecessary.

5.11Notification:

The responsible Commissioner and Executive Director/General Manager will be notified of a formal complaint as soon as it is received by the Human Rights Office. Individual respondents to a complaint will be notified as soon as practicable during the mediation/investigation process.

5.12Settlement and Mediation:

Depending upon the circumstances, it is often possible to resolve a complaint without an extensive investigation. The Human Rights Office may attempt to mediate a settlement of a complaint at any point during an investigation. All settlement discussions will be held on a "without prejudice" basis. Any settlement would have to be satisfactory to both parties and be consistent with this Policy. Parties will be required to sign Minutes of Settlement.

5.13Investigation:

Investigations will be conducted by staff of the Human Rights Office and include a comprehensive and impartial review of all relevant information, including the position of the respondent(s) and witness interviews. The investigator has the authority to speak with anyone, examine any documents, and enter any work locations which are relevant to the complaint.

5.14Completion of Investigation/Mediation:

Proceedings under the Policy will be completed within six months of receipt of a formal complaint.

5.15Representation:

Parties to a complaint have the right to a representative of their choice during meetings regarding a complaint under the Policy. However, as this complaints procedure is a mechanism for alternative dispute resolution, a mediation or investigation may be terminated if either party to the complaint retains legal counsel during the mediation or investigation.

5.16Disclosure to Parties:

At the conclusion of an investigation, the investigator's findings and conclusions will be shared with the Commissioner (or designate), the complainant and individual respondent. These parties will also be given an opportunity to submit comments before a final decision is made.

5.17Final Decision:

Final decisions regarding the disposition of a complaint will be made by the responsible Commissioner and Executive Director/General Manager. All final decisions will be communicated in writing to the parties.

5.18Recommendations:

The Human Rights Office may make Recommendations to correct any existing problems and/or to prevent similar problems from occurring in the future.

5.19Complaint Records:

Records of a complaint will only be placed on an employee's personal file when corrective action requires discipline of that employee. This record of discipline is subject to the provisions of the applicable agreement or memorandum. All records pertaining to enquiries and complaints under this Policy will be kept in confidential secure storage in the Human Rights Office. All records are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

5.20Reporting:

Annual reports will be submitted to City Council regarding statistics and trends in human rights enquiry and complaint activities and other programs undertaken internally and externally.

5.21Confidentiality:

All persons involved with a complaint are expected to treat the matter as confidential. Employees may be disciplined if confidentiality is breached.

5.22Disciplinary Action:

Any employee who engages in discrimination or harassment, and/or who is in a supervisory position and fails to take action when advised of discrimination or harassment, will be subject to appropriate disciplinary action, which may include termination of employment. Disciplinary action will also be taken if a complaint is found to have been made fraudulently and with malicious intent.

5.23Complaints involving staff of the Human Rights Office:

Complaints made by or regarding the direct personal behaviour of staff of the Human Rights Office will be handled by qualified external consultants. Final decisions in such matters will be made by the Commissioner of Corporate Services and the Executive Director of Human Resources.

5.24Complaints at Agencies, Boards and Commissions:

The Human Rights Office may assist with investigations involving the Executive Directors or Board members appointed by City Council, only when requested by the Board of the Agency, Board, or Commission.

6.0Procedure for Complaints Involving Senior Management and Members of City Council:

6.1External Consultant:

Complaints made by or regarding the "direct personal behaviour" of Members of Council, the Chief Administrative Officer, Commissioners, Executive Directors, General Managers, the Executive Director, Human Resources, and statutory officials will be handled by qualified external consultants.

6.2Notification of Complaint:

The Consultant shall notify the Corporate Services Committee in camera of all complaints immediately upon receipt. The Consultant shall notify the persons named in the complaint of the specific allegations against them as soon as possible thereafter.

6.3Authority and Duties of the Consultant:

The Consultant has the authority of the Corporate Services Committee to investigate and/or attempt to settle the complaint, and to speak with anyone, examine any documents and enter any work location relevant to the complaint for the purposes of investigation or settlement. Unless otherwise stated in this section, the external consultants will follow the principles and procedures outlined under "Section 5: Complaints Procedure for Employees."

6.4Interim Reports and Discontinuance of Complaint:

The Consultant may make interim reports to the Corporate Services Committee in camera, as required, to address instances of interference, obstruction, retaliation, or breaches of confidentiality encountered by the Consultant while dealing with a complaint under this policy.

Upon receipt of the complaint, or at any point during the investigation/mediation, the Consultant may submit a report to Corporate Services Committee recommending that the Committee discontinue dealing with a complaint where: the complaint is outside the scope of this section; an adequate remedy already exists; the complaint is frivolous, vexatious or not made in good faith; or, having regard to all the circumstances, further investigation of the matter is unnecessary.

The Committee may approve or reject the recommendation after considering submissions from the parties to the complaint.

6.5Other Avenues of Redress:

Nothing in this section should be interpreted as denying or limiting access to other avenues of redress available under the law (e.g., criminal complaint, civil suit, or a complaint with the Ontario Human Rights Commission). Corporate Services Committee, however, may decide to postpone, suspend or cancel any investigation into a complaint under this Policy if it is believed that the investigation would duplicate or prejudice such a proceeding.

6.6Consultant's Final Report:

The Corporate Services Committee shall be presented with a final report outlining the findings, conclusions, recommended corrective action, or terms of settlement, within 90days of the making of the complaint. Corporate Services Committee may grant an extension of time upon the request of the Consultant.

The complainant and respondent will be given 30 days to review and comment on the final report. Comments are to be sent to the Corporate Services Committee.

6.7Final Decision:

Final Decisions regarding complaints involving Members of Council, the Chief Administrative Officer, the Commissioners, statutory officials, and the Executive Director, Human Resources, will be made by the Corporate Services Committee in camera. Corporate Services Committee will review the final report and any comments received before making any decision on the matter. The Committee may approve, change or reject any proposed terms of settlement or recommended corrective action.

The Consultant will be responsible for monitoring the implementation of the Committee's decision and for providing regular progress reports to the Committee.

Cases involving other Executive Directors and General Managers will be decided in the same manner by the Chief Administrative Officer and the responsible Commissioner.

6.8Legal Representation and Costs:

Parties to a complaint under this section of the Policy have the right to a representative of their choice, including legal counsel. Subject to the conditions set out below, each party to a complaint under this section will be reimbursed up to $5,000.00 for legal costs.

The legal costs for respondents under this section will be reimbursed, subject to the limit outlined above, in all cases which result in a settlement or where the external consultant concludes that there has been no violation of the policy.

The legal costs for complainants under this section will be reimbursed, subject to the limit outlined above, in all cases except where a complaint has been found to be trivial, frivolous, vexatious, or not made in good faith.

6.9Confidentiality:

All persons involved with a complaint are expected to treat the matter as confidential. Breaches of confidentiality will be addressed by Corporate Services Committee in camera.

7.0Complaints Procedures for Residents

and Recipients of Municipal Services:

7.1Jurisdiction:

Residents and service recipients may complain under this Policy regarding discrimination and harassment in the administration and delivery of City services, access to and use of City facilities, occupancy of City-owned accommodations, or discrimination in legal contracts. The Human Rights Office has no jurisdiction over acts or procedures (i.e., policy decisions) of Toronto City Council or its Committees. In addition, residents and service recipients may be required to exhaust any other avenues of appeal which are reasonably available prior to making a complaint under this Policy.

7.2Departments:

Where appropriate the complaint will be referred to the manager of the appropriate service delivery unit to allow that unit an opportunity to resolve the matter.

7.3Early Resolution:

If the resident or service recipient is unable to resolve their problem directly with the Department, the Human Rights Office, may try to mediate a solution.

7.4Formal Complaint and Investigation:

If early resolution does not resolve the situation, the Human Rights Office will prepare a complaint form based on the resident's information. Once the complaint form is signed the Department will be notified and required to respond.

7.5Settlement:

The Human Rights Office will keep both parties advised of the progress of the investigation. With the consent of both parties, the Human Rights Office may attempt to mediate a settlement of a complaint at any point during an investigation. If a settlement is reached, the matter is closed and no Investigation Report is written.

7.6Investigation Report:

The Investigation Report formally tells both parties what relevant information the investigation discovered, on which the Human Rights Office will base recommendations.

7.7Commenting on the Investigation Report:

The Investigation Report is disclosed to the resident or service recipient and the involved Department. Both parties will be given 15 working days to individually review the Investigation Report and submit written comments if they believe the report missed or misstated any information which would have a bearing on the outcome.

7.8Recommendations:

The Human Rights Office may make Recommendations to correct any existing problems and/or to prevent similar problems from occurring in the future.

7.9Final Decision:

The Chief Administrative Officer, or designate, will review the Investigation Report along with any Recommendations and provide the parties with a final written decision within 30days.

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Appendix Three

City of Toronto

Hate Activity Policy and Procedures

(1)Statement of Purpose:

The purpose of this policy is to assist Members of the Council, employees, service recipients and Agencies, Boards and Commissions to identify a hate motivated crime or incident. The Policy outlines procedures for responding to hate through the City's Human Rights Program.

(2)Policy Statement:

The City of Toronto believes that a diversity of racial and ethnic origins and a wide range of cultural and religious backgrounds, as well as its diverse population made up of Aboriginal and First Nations persons, women, people with disabilities, lesbians, gays, bisexuals and transgendered people, immigrants and refugees residing and working within the City, strengthens and enriches the community economically, culturally, politically and socially. In support of this belief, Members of Council, employees and recipients of all municipal services must be able to function in an environment without hatred being perpetrated through institutional practices or individual biases. Therefore, the City of Toronto is committed to:

(i)eliminating hate activity, harassment and all forms of discrimination through the development of programs and educational resources;

(ii)facilitating combined efforts of each and every sector including staff, government institutions, policing, community groups and elected officials to eliminate hate activity;

(iii)taking remedial measures to ensure that a victim of a hate-motivated crime is assisted in a timely and meaningful way;

(iv)condemning publicly the actions of hate groups/individuals and racist organizations;

(v)advising the Attorney General of Ontario to proceed, where appropriate, with charges against organizations/groups/individuals for the incitement of hatred in accordance with the Criminal Code of Canada; and

(vi)ensuring that every member of Council, employee and service user can work and is served in an environment without hatred being perpetuated through institutional practices or individual bias.

(3)Background Information:

Hate activity could take the form of:

(a)Acts of Violence;

(b)Graffiti (e.g., hate group symbols or slogans or epithets defacing property);

(c)Flyers/literature/hate mail with messages promoting hatred against "identifiable" groups;

(d)Verbal slurs accompanied by a threat;

(e)Recorded telephone hate lines;

(f)Vandalism of ethnic, religious, lesbian or gay, minority sites;

(g)Obscene or threatening phone calls;

(h)Sexual assaults;

(i)Intimidation and harassment;

(j)Music and videos inciting hatred against an identifiable group; and

(k)Bomb threats.

(4)Scope:

This policy applies to Members of Council, members of the City's agencies, boards and commissions, all employees, service recipients, volunteers, consultants, grant recipients and contractors working with the City and its agencies, boards and commissions and special purpose bodies.

Every person has a right to be free of hate activity with respect to City services and facilities, to the occupancy of City-owned/leased buildings, facilities owned or leased by City grant recipients, to contracts on equal terms, and to employment because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, age, record of offences, marital status, family status, disability, level of literacy, political affiliation, membership in a union or staff association, or any other personal characteristic.

(5)Definitions:

(5.1)Definition of a Hate Crime:

A hate crime is defined as a criminal offence committed against a person or property. The evidence demonstrates that the offence was motivated in any part by the suspect/offender's bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor.

The Law:

According to the Criminal Code of Canada section 718.2 enhanced sentencing is provided when a crime is motivated by bias/prejudice/hate. It states:

Section 718.2 A court that imposes a sentence shall also take into consideration the following principles:

(a)a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing:

(i)evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor.

(5.2)Definition of Hate Propaganda:

Hate propaganda can be any communication, poster and/or graffiti used by a person or group which promotes hatred based on race, religion, nationality or ethnic origin.

The Law:

In terms of the law, the hate propaganda section of the Criminal Code of Canada is broken down into two sections, Advocating Genocide and Public Incitement of Hatred and includes the following:

Advocating Genocide:

Section 318:

(1)states that, "everyone who advocates or promotes genocide is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years".

(2)In this section, "genocide" means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely:

(a)killing members of the group, or

(b)deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.

In this section, identifiable group means any section of the public distinguished by color, race, religion or ethnic origin.

Public Incitement of Hatred:

Section 319 deals with the "Public Incitement of Hatred" This offence is committed when someone communicates statements in a public place, and incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace.

The section also states that an offence is committed when anyone who communicates statements, other than in private conversation, wilfully promotes hatred against any identifiable group.

Communicating includes words spoken or written or recorded electronically or otherwise, and gestures, signs or other visible representations.

It should be noted that, with the exception of the "reach of the peace"section, no proceedings can be instituted without the consent of the Attorney General of Ontario.

(For a detailed treatment of the law, refer to the Criminal Code of Canada sections318-320).

In keeping with the requirements of the law, elected officials are liable if their actions incite hatred against identifiable groups.

(5.3)Definition of Telephone Recording Promoting Hate:

Telephone recordings contain messages that promote hatred against an identifiable group or verbal exposure to hatred by use of a telephone line.

The Law:

The authority to investigate such incidents is obtained from the Canadian Human Rights Act, section13(1) states:

"It is a discriminatory practice for a person or a group of persons acting in concert to communicate over the telephone or cause to be so communicated repeatedly, in whole or in part, by means of the facilities of a telecommunication undertaking within the legislative authority of Parliament, any matter that is likely to expose a person or persons to hatred or contempt by reason of the fact that, that person or persons are identifiable on the basis of a "prohibited" ground of discrimination."

As per the Canadian Human Rights Act Section 3(1): A prohibited ground of discrimination is: race, national or ethnic origin, color, religion, age, sex, marital status, sexual orientation, family status, disability and conviction for which a pardon has been granted.

(5.4)Definition of Hate Activity under the Ontario Human Rights Code:

Any one who displays hate in public through any notice, sign, symbol, emblem is in violation of the Ontario Human Rights Code.

The Law:

Section 13(1) states: A right under Part I is infringed by a person who publishes or displays before the public or causes the publication or display before the public of any notice, sign, symbol, emblem or other similar representation that indicates the intention of the person to infringe a right under Part I or that is intended by the person to incite the infringement of a right under Part I. Section 13 of the Code applies to hate activity.

To meet the requirements of section 13:

(a)the display must be public;

(b)a person must have the intention to infringe a right under Part 1; and

(c)the display must take place within the context of one of the prohibited grounds.

This section has been specifically applied in public housing, parks and recreation, and child care centers.

(6)Use of Public Facilities:

Public space, facilities and properties within the jurisdiction of the City of Toronto, and owned or leased by recipients of City grants will not be available or accessible to any individual or group that promotes views and ideas which are likely to promote discrimination, contempt or hatred for any person on the basis of race, national or ethnic origin, ancestry, color, citizenship, religion, age, sex, marital status, family status, sexual orientation, gender identity, disability, political affiliation, receipt of public assistance or level of literacy.

The City of Toronto (through its Facilities and Real Estate Division, as well as through incorporating the above statement in contracts/agreements with recipients of City grants) requests potential users of public space to certify that they will not be conducting any business that violates the Criminal Code of Canada - hate propaganda laws and human rights act.

(7)Procedures:

All incidents have to be reported to the City's Human Rights Office. Perpetrators of hate crimes will be charged by the police under the Criminal Code of Canada. In some cases incidents may also be dealt with as part of a complaint under the City's Human Rights and Harassment Policy.

(7.1)Whom to Notify:

1.1Notify your direct supervisor. The supervisor should first attend to safety requirements, obtain and record all details by asking questions such as who, when, where, what, why, how (use the Hate and Racial Incident Intake Form). If it is an emergency, the supervisor is required to act immediately based on existent emergency guidelines and notify the police. The supervisor is also required to report the information to the City's Human Rights Office.

1.2Some departments such as Works and the Toronto Transit Commission already have Graffiti Removal Offices. Follow the existing procedure.

1.3The Toronto Transit Commission (TTC) has its own procedures for dealing with hate crimes throughout the system. All such incidents must be reported to the TTC Human Rights Unit and the Corporate Security Department for appropriate action and follow-up.

(7.3)Gathering and Verification of Information:

A specific form will be used to collect all relevant information.

(7.4)Investigation:

If the incident is a criminal offence, the local police division should be contacted to conduct an investigation. If it is a violation of the Canadian Human Rights Act, the matter should be referred to the Canadian Human Rights Commission.

The following are examples of how hate motivated incidents should be dealt with:

Handling of Hate Mail:

In order that the police obtain fingerprints from hate mail and from any other object involved in a hate-motivated incident, ensure that the item is handled as little as possible. Place the item in a protective envelope or clear plastic bag. Keep the item aside and inform your direct supervisor immediately.

Bomb Threat:

Follow the Bomb Threat procedures of the specific site. In addition, notify Building Security of the hate motivated bomb-threat incident. Building security have to notify police that the bomb threat is hate-motivated. Police are required to take specific actions in such cases.

Threatening Phone-calls:

Hate motivated threatening phone-calls or voicemail messages must be documented immediately by the receiver. Notify your direct supervisor immediately.

Graffiti:

If there is hate motivated graffiti, notify your direct supervisor who will notify police. Do not remove it until the material has been investigated by a police officer.

(7.5)Victim Assistance and follow-up:

Appropriate staffing resources will be allocated for the provision of victim assistance. Wherever applicable, referrals will be made to appropriate community agencies and victim-services programs.

(7.6)Classification of reported incidents:

Incidents reported will be classified accordingly. An annual report will be compiled by the City's Human Rights Office and submitted to City Council and to the City's Community Advisory Committee on Anti-Racism and Anti-Hate.

(7.7)Training of all personnel:

The City will provide training based on request. Training opportunities will be published in the City's Educational and Training calendar.

(7.8)Resource Allocation for efficient response to hate activity:

The City will allocate appropriate resources for the efficient response to hate activity.

(8)Monitoring and Evaluation:

The City of Toronto's Community Advisory Committee on Anti-Hate and Anti-Racism, which is a staff inter-agency committee chaired by a Member of Council, will receive deputations. It will take appropriate action to advocate for the elimination of hate activity and review the annual report.

(9)Guidelines to Help Determine an Alleged Hate Crime:

Factors To Consider To Determine A Hate Crime:

The following factors help individuals understand how to identify a hate motivated crime. Criminal offences are investigated by the police. The following factors are considered when investigating a criminal offence purported to be motivated by hate:

(a)Absence of motive;

(b)Perception of the victim;

(c)Location;

(d)Graffiti/symbols used;

(e)The date and time of the occurrence;

(f)Victim easily identifiable;

(g)Profile of the victim;

(h)New coverage of similar events;

(i)The groups involved in the attack;

(j)The manner and means of the attack;

(k)Similar incidents in the same area or against the same victim(s); and

(l)Statements/gestures by the suspect(s).

The following questions form a reliable guide to assess if a crime is motivated by hate:

(a)is the victim a member of a target racial, religious, ethnic/national or sexual orientation group?

(b)Were the offender and the victim of different racial groups?

(c)Would the incident have taken place if the victim and offender were of the same racial group?

(d)Were biased verbal comments, written statement or gestures made by the offender that indicated their bias?

(e)Was certain clothing worn (i.e., offender wore a t-shirt which read, "white power forever"")

(f)Was a sign left, such as a graffiti with a "hate logo"?

(g)Have several incidents occurred in the same locality?

(h)Does the community feel that the incident was motivated by hate?

(i)Was the victim involved in promoting their racial group?

(j)Did the incident coincide with a holiday relating to religious or cultural significance?

(k)Is the offender previously involved in a similar hate crime?

(l)Did a hate group take responsibility for the crime?

(m)Does a historically established animosity exist between the victim's group and the offender's group?

(n)Did the offender have some understanding of the impact their actions would have on the victim?

(10)Institutions Responsible for Dealing with Hate Crimes:

(10.1)Hate Crime/Hate Propaganda - Police.

Each police division has a trained Hate Crimes Detective. If there is evidence that a criminal offence motivated by hate has occurred, the local police services are informed immediately. The Police Services have an extensive hate crimes protocol to follow when such incidents are reported. The Toronto Police Services have a Hate Crimes Unit available at 808-3500 to assist with identification of a hate crime. The Police Services are responsible for handling criminal offences. If it is an emergency, call 911. If it is not an emergency, call 808-2222.

(10.2)Hate Telephone Lines -- Canadian Human Rights Commission.

Call the Canadian Human Rights Commission. When it receives the complaint the Commission follows the process outlined below:

(a)Is the Commission the right agency to handle your complaint?

(b)If yes, the complaint is accepted for investigation.

(c)if no, the complaint is referred to another agency that might help.

(d)an investigation begins. Sometimes it results in an early settlement that both parties agree to.

(e)If the complaint cannot be settled, a report is prepared for the Commission.

(f)The Commission may dismiss the complaint, appoint a conciliator, or send the complaint to a Human Rights Tribunal.

(10.3)Refer to the City of Toronto's publication, "HATE: Communities Can Respond" for a comprehensive coverage on resources available to deal with hate crimes.

(11)Conclusion:

Every individual is required to be vigilant and report incidents. This policy and guidelines are developed for the purpose of keeping Toronto a safe city. This policy is a work-in-progress. Amendments and changes will be recommended based on research from environmental scans.

_______

The Corporate Services Committee reports, for the information of Council, having also had before it the following:

(1)communication (November 4, 1998) addressed to the Executive Director, Human Resources, from Mr.David Neil, President, City of Toronto Administrative, Professional Supervisory Association, Incorporated, advising that the COTAPSAI Board has reviewed the draft Human Rights Harassment Policy and submitting recommendations in regard thereto;

(2)submission (December 7, 1998) from Ms. Toni Silberman, Chair, Ontario Region League for Human Rights, regarding Policies on Human Rights, Harassment and Hate Activity; and

(3)report (undated) entitled "Hate, Communities Can Respond - A Community Handbook", produced by the Community Advisory Committee on Anti-Hate and Anti-Racism, edited and printed by the Municipality of Metropolitan Toronto, Access and Equity Centre, Toronto, 1996.