Where an investigation results in no findings or where the Integrity Commissioner accepts a recommendation from the consultant to discontinue the investigation, the Integrity Commissioner may, in consultation with internal/external expertise as necessary, exercise discretion to determine whether to provide a report to City Council. Samantha Bitty, a sexual health and consent educator who lives in the area and has seen many of the posts, says social media is amplifying the information-sharing that has already been going on within social circles and communities.There are some issues, she notes. All City contracted service providers are required to have internal harassment and/or discrimination dispute resolution processes, consistent with the City’s process and mandated by provincial legislation. In determining appropriate consequences, factors including, but not limited to, the following will be taken into account: the nature of the violation, the severity, whether the individual has previously violated the HRAP and/or whether there is relevant discipline on file.Division management are responsible for intervening and addressing concerns/complaints of non-The HRO has discretion to refuse to intervene or investigate or may discontinue an intervention or investigation where:a complaint is made anonymously without sufficient detail to trigger policy obligationsthe complaint is trivial, frivolous, vexatious or made in bad faith/an abuse of process; or having regard to all the circumstances further investigation of the matter (or intervention) is unnecessary.Trivial complaints involve allegations that are of such a minor nature that proceeding with an intervention is not in the public interest. Completion of investigations should not exceed 6 months unless there are extenuating circumstances.The HRAP strictly prohibits any retaliation, either direct or indirect, against an individual for: exercising their rights under the HRAP, initiating a complaint in good faith, investigating a complaint, being a decision maker in a complaint, participating as a witness in an investigation, being a respondent to a complaint, having been associated with, or representing a complainant, witness or respondent.
“I think it’s great to have community conversations about it so we can build our resiliency and our skills to intervene when these things happen … when people harass us in our communities, they are also members of our community. The affected division is responsible for paying all fees related to the external consultant’s investigation or mediation.Parties to a complaint against senior management (division head, Deputy City Manager, City Manager, City Clerk or City Solicitor) or an Accountability Officer have the right to receive advice/consult a representative of their choice, including legal counsel, unless they are subject to a collective agreement that provides for union/association representation.The related legal costs incurred by a respondent under paragraph B7.1 will be reimbursed up to $6,500.00 in all cases in which the external consultant concludes that there has been no violation of the HRAP.The related legal costs incurred by a complainant under paragraph B7.1 will be reimbursed up to $6,500.00 in all cases except where the complaint is found to be trivial, frivolous, vexatious, or made in bad faith/an abuse of process.Where there is a settlement (including a mediated agreement), reimbursement subject to the limit outlined above may be provided at the discretion of the City Manager.A/Director, Equity, Diversity and Human Rights DivisionHuman Rights and Anti-Harassment/Discrimination (HRAP)Human Rights and Anti-Harassment/Discrimination - Complaint Procedures
Disciplinary action may also be taken if a complaint is found to be vexatious, made in bad faith and/or an abuse of process. The Integrity Commissioner may grant an extension of time upon the request of the external consultant.The complainant and respondent will be given 30 days to review and comment on the external consultant’s findings. Where necessary and appropriate, the HRO may assist in drafting the complaint.
In certain circumstances, the respondent may not be advised of the complaint. As per the Toronto Public Service By-Law, Agencies and Corporations are to have internal human rights policies and complaint procedures that meet provincial legislation. Where necessary and appropriate, the HRO may assist in drafting the complaint.Complaints received by the HRO will be forwarded to the Integrity Commissioner. So how are we going to talk to members of our community about how we want to be seen and treated.”Khan stresses that community safety measures are not a long-term solution and that there needs to be investment in prevention through education, as well as funding for victim resources like rape crisis centres.“It would make a huge difference if the work to address and prevent sexual violence and harassment was sustainably funded. All
Then we could have comprehensive street harassment programs, community programming and support for people who have been harmed,” said Khan.Khan noted that it is important to remember that while the incident reports are being collected for west-end Toronto neighbourhoods including Roncesvalles, Parkdale and Trinity-Bellwoods, similar incidents occur across the city. Any settlement would have to be satisfactory to both parties, be consistent with the HRAP and approved by senior division management where appropriate. Paragraphs B1.4, B1.5 and B1.6 (above) will apply with necessary modifications.
), as necessary. However, in exceptional cases (e.g., significant systemic or ongoing human rights issues that have not been appropriately remedied by internal interventions), the City Manager may decide or the HRO or the Legal Services Division may recommend to the division head, Deputy City Manager or City Manager that an investigation that would otherwise be conducted by divisional management or the HRO should be referred to an external consultant for investigation. They are not permitted to participate in any way. The scope of the external consultant’s duties shall be outlined in the agreement.