Latest news with #OntarioHumanRightsCommission
Toronto Sun
02-06-2025
- Politics
- Toronto Sun
LILLEY: Judge's crazy gun ruling brings court into disrepute
Outrageous ruling throws out serious gun charges and puts future prosecutions at risk over judge's imagined views of racism. Get the latest from Brian Lilley straight to your inbox Justice Renu Mandhane is pictured on March 10, 2020 when she was head of the Ontario Human Rights Commission in this Postmedia file photo. A Trudeau-appointed judge in Brampton has thrown out serious gun charges, claiming the accused was only stopped and searched due to racism. Justice Renu Mandhane, the former head of the Ontario Human Rights Commission, has put the future of many prosecutions in jeopardy with this flimsy judgment that must be appealed and overturned. This advertisement has not loaded yet, but your article continues below. THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. SUBSCRIBE TO UNLOCK MORE ARTICLES Subscribe now to read the latest news in your city and across Canada. Unlimited online access to articles from across Canada with one account. Get exclusive access to the Toronto Sun ePaper, an electronic replica of the print edition that you can share, download and comment on. Enjoy insights and behind-the-scenes analysis from our award-winning journalists. Support local journalists and the next generation of journalists. Daily puzzles including the New York Times Crossword. REGISTER / SIGN IN TO UNLOCK MORE ARTICLES Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account. Share your thoughts and join the conversation in the comments. Enjoy additional articles per month. Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Mandhane has sullied the reputation of the Peel Police Service, the officer in charge and let a man arrested with a loaded rifle in his car walk free without trial. In October 2023, Officer Anand Gandhi, a man originally from India who moved to Canada and became a police officer, was on patrol in Brampton. While driving past a red Jeep, Gandhi's automatic plate reader alerted him that the owner of that vehicle had a suspended driver's licence and the vehicle was 'impound eligible.' He was also alerted that the man was facing drug charges in Toronto. At this point, Officer Gandhi called for back-up and then proceeded to approach the vehicle where the driver confirmed his identity. At this point, Gandhi cuffed the man and put him in the back of the cruiser while an inventory of the vehicle was taken. Your noon-hour look at what's happening in Toronto and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. Please try again This advertisement has not loaded yet, but your article continues below. Adrian Wolley, president of the Peel Police Association, said that it's standard for officers to place suspects in the back of a cruiser and to conduct an inventory before a vehicle is impounded to ensure that no one can claim something was stolen. Recommended video 'To search the car is always done now,' Wolley said. 'We're not going to pop the engine and look through the glove box or anything like that, but we're going to go and lift mats or lift through bags and stuff like that because they could say, 'I had $5,000 cash, and the officer must have stolen it.'' Wooley said the search was legal and by the books, but Mandhane declared it an illegal search contrary to the Charter. She also found that the decision to put cuffs on the accused and put him in the back of the car was a Charter violation. This advertisement has not loaded yet, but your article continues below. To arrive at all of this, Mandhane relied on the notion that everything Gandhi did was because of racial bias and not good policing. 'On a balance of probabilities, I find that Officer Gandhi relied on information about the accused's outstanding charges (of which he was presumed innocent) combined with stereotypes about Black men being more prone to criminality and more dangerous than other people, to justify his decision to arrest and detain the accused,' Mandhane wrote. 'While Officer Gandhi's racial bias was likely unconscious and the product of our culture and his own worldview, that is not an excuse or even a mitigating factor in terms of the seriousness of the conduct,' she wrote. 'The fact that Officer Gandhi is himself is racialized — he is a Brown man — does not insulate him from the insidious power of anti-Black racism, stereotype, and racial bias.' This advertisement has not loaded yet, but your article continues below. With this finding, Mandhane excluded the loaded gun, and anything the accused said, from being used at trial which means the man was let go. These are exactly the kinds of guns that the Liberals in Ottawa say they want to take off the streets; in fact, this model was banned five years ago, put on a prohibited list, but Liberal-appointed judges come up with rulings like this. Read More Meanwhile, legal, licensed gun owners who used to take guns like this to the range are prohibited from using them. They would face serious jail time for taking them to the range. If you possess an illegal Beretta CX4 and carry it around loaded in the back of your vehicle, you can be set free without even a trial, depending on your race — and if you can get before Mandhane. 'While firearms offences are serious, admitting the firearm into evidence in the context of this case would bring the administration of justice into disrepute,' she wrote. No Justice Mandhane, you and your decision bring the administration of justice into disrepute. Let's hope this outrageous decision is overturned. 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Toronto Star
12-05-2025
- Business
- Toronto Star
An employee wants a paid day off for a religious holiday that I've never heard of. Am I obligated? Ask Soma
Q: An employee recently asked me for a day off for a religious holiday that I've never heard of. Do I have to pay for the day if it's not a statutory holiday? A: The simple answer is that an employer is not obligated to pay an employee for a religious holiday that is not a statutory holiday. However, the Ontario Human Rights Commission (OHRC) states that when an employee requests time off to observe a holy day, the employer has an obligation to accommodate. ARTICLE CONTINUES BELOW In fact, the OHRC guideline notes that the employer should offer the employee options to have the time off without losing wages or using vacation time. Its policy position states that accommodation options could include special/compassionate paid leave, scheduling changes, overtime, use of lieu time, compressed work week arrangements, and if applicable, working on a statutory holiday. Business Opinion Soma Ray-Ellis: I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma Employers certainly have the right to enforce a dress code, writes Soma Ray-Ellis, but the rules It is also important to note that an employer is not obligated to accommodate if the request causes what is referred to as undue hardship. The Ontario Human Rights Code considers cost, applicable outside sources of funding, and health and safety requirements when assessing whether accommodation would qualify as such. No other considerations can be taken into account under Ontario law. It is very difficult to meet the standard of undue hardship under Ontario laws, and it is much easier to work co-operatively with the employee. If you want to refuse accommodation you will have to provide figures, facts, and scientific data or opinion to substantiate your claim. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The cost of doing that is typically higher than providing the accommodation. Factors such as business inconvenience, employee morale, customer and third-party preferences are not valid points when proving undue hardship. As you are aware, Ontario has nine public holidays: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day, and Boxing Day. Of this list, Good Friday, Christmas, and Boxing Day are the only statutory holidays with religious roots. Business Opinion Soma Ray-Ellis: Show me the money! How will Ontario's new wage transparency law affect me? Ask Soma Starting next year, writes Soma Ray-Ellis, new Ontario pay transparency laws will require every Employers are still expected to accommodate religious holidays that are outside of these three. Collective Agreements also cannot act as a bar to accommodate. It is vital to be tactful and respectful when approached about religious requests. For example, some religions might require daily set time for prayer. The employee can easily make up the time or use their breaks/lunch to practise their faith. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW Keep in mind that the OHRC outlines that asking for information about an employee's religious beliefs and practices could breach their privacy and dignity. At the same time, employers must have enough information to allow them to meet their duty to accommodate. Therefore, an employee seeking accommodation must inform their employer of the needs associated with their religious practices. Business Opinion Soma Ray-Ellis: I recently resigned but regret it. Is there any way I can get my job back? Ask Soma The law on resignation is quite clear, Soma Ray-Ellis writes. However, as a general rule of thumb, the employer should take requests for accommodation in good faith, unless there is evidence that the request is not genuine. They should also limit requests for information to those reasonably related to establish legal responsibilities, assess needs, limitations or restrictions, and make the accommodation. The goal of accommodation is to provide everyone with a discrimination free workplace.
Toronto Star
28-04-2025
- Business
- Toronto Star
I'm in HR, and post-pandemic finding it hard to get employees to dress properly. Can I force a dress code? Ask Soma
Q: I am an HR manager, and since the return of employees to the workplace after the COVID-19 pandemic, I've been having difficulty getting people to dress in a professional manner. What rights do companies have when it comes to this issue, and what are the pitfalls? A: As you know, remote work options during the pandemic offered employees flexibility when it came to how they presented themselves. ARTICLE CONTINUES BELOW The shift back to in-person work is still an adjustment for many, and there appears to have been a cultural shiftin what is considered acceptable dress at the office. I recently read an article about the 'office siren' look gaining traction in corporate culture, which allows for bold colours and statement jewelry for women, while still maintaining a professional look. Similarly, there is a lot of discussion about male grooming of facial hair, or lack thereof, and the lack of ties. Business Opinion Soma Ray-Ellis: Trump's tariffs have driven me to start a 'Buy Canadian' campaign at work. Will this get me in trouble? Ask Soma Tread carefully when organizing projects not related to work in the office, writes Soma However, employers still have the right to enforce dress code policies. And employees are still required to adhere to them — as long as they are justifiable and do not violate Human Rights legislation. The Ontario Human Rights Commission (OHRC) outlines that dress code rules must be applied fairly. Additionally, the OHRC also has a checklist to help employers ensure that their dress codes are consistent with the Ontario Human Rights Code protections relating to sex and gender. ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW The following points outline what a dress code policy should consist of, according to the government agency: • Allow for a range of dress/uniform options, for all staff in all front-of-house positions. • Not require staff to wear sexualized, revealing or gender-stereotypical clothing. • Make sure that all staff can choose from clothing options, including pants, that are comparable in terms of style, comfort, practicality and coverage, regardless of sex or gender. • Offer uniform sizes that fit a wide range of body types. • Not include grooming or appearance rules or expectations for women that are more onerous than those for men, or that are sexualized or based on stereotypical ideas of female attractiveness. • Allow for a range of hairstyles, and not require a specific hairstyle unless it is a legitimate requirement of the job (e.g. food preparation). ARTICLE CONTINUES BELOW ARTICLE CONTINUES BELOW • Include processes for handling dress code-related accommodation requests and complaints. If you do not yet have a dress code policy, drafting one would be the first step. You have a right to determine and define what 'professional' means in your work environment. Specify the articles of clothing that are considered not acceptable. For example, T-shirts with logos, denim, lowrise pants, baseball caps, running shoes, miniskirts, tank tops, and flip flops are typical things that are prohibited in most office environments. Business Opinion Soma Ray-Ellis: My boss gave me a lingerie shop gift card for secret Santa leaving me uncomfortable. What can I do? Ask Soma In the post #MeToo world, writes Soma Ray-Ellis, you would hope people in positions of power The policy should also explain the reason for this dress code in clear language. If your company already has a detailed policy, consider sending out a general reminder via email to all employees. However, if you find that specific employees continuously are not following dress code rules, approach them one on one in a private manner. A simple conversation could resolve this matter. It is important to also be open to employee feedback regarding the policy.
CBC
25-03-2025
- CBC
First Nation man's 2012 death a homicide, Ontario inquest jury finds years after murder charge dropped
Social Sharing Thirteen years after Sherman Kirby Quisses's death in the wake of an altercation with another inmate in Thunder Bay, Ont., an inquest jury has determined it was a homicide. Quisses, 35, was a member of Neskantaga First Nation, a remote community in northwestern Ontario. Adam Capay, 19, was charged with first-degree murder. But the charge was stayed after Capay spent more than four years in solitary confinement. The case drew national attention in 2016 when Renu Mandhane, chief of the Ontario Human Rights Commission, met Capay, who was being kept alone in his Thunder Bay Correctional Centre cell for 23 hours a day with the lights on. Even though the murder charge was essentially dropped, under the Coroners Act, inquests are mandatory for anyone who dies in custody. The one probing Quisses's death was held virtually, beginning on Feb. 24 and concluding on Friday. According to his family, Quisses died days before he was meant to be released. A four-person jury was tasked with answering several questions: identifying who died, when and where they died, their medical cause of death, and means of death — classified as either natural causes, accident, homicide, suicide or undetermined. The jurors determined Quisses died by homicide — of hypoxic-ischemic encephalopathy caused by penetrating neck trauma — on June 4, 2012, at the Thunder Bay Regional Health Sciences Centre. The condition results from inadequate blood flow and oxygen delivery to the brain, according to the Canadian Journal of Ophthalmology. CBC News reached out to the family of Quisses for comment on the outcome of the inquest, but did not receive a response by publication time. Recommendations on mental health, cultural support Inquest juries are prohibited from making any finding of legal responsibility or expressing any conclusion of law. Their role is not to assign or free someone from blame, or to state or imply any judgment. However, they are able to make recommendations aimed at preventing similar deaths. All of the jury's 24 recommendations were aimed at Ontario's Ministry of the Solicitor General. They largely revolve around improving conditions at the existing Thunder Bay Correctional Centre and adding more health-care and cultural support at the new Thunder Bay Correctional Complex. Construction on the 345-bed complex began in November 2022. The $1.2-billion project is intended to replace the existing jail and correctional centre, with a planned opening of 2026. The inquest recommendations include hiring psychologists at the correctional centre, improving communications between staff and regularly reviewing the centre's health-care unit. The jury recommended a dedicated mental health unit be built at the new complex, and for there to be dedicated Indigenous cultural space for programming, ceremonies and celebrations. There was also a large focus on increasing the number of Native Inmate Liaison Officers (NILO) available, and making sure NILOs and elders can meet the needs of Indigenous people in custody. Jurors also made recommendations related to mental health education for staff, and Indigenous-specific training that focuses on culturally appropriate and trauma-informed care. More consultations between the Ministry of the Solicitor General and political-territorial organizations that represent First Nations — such as Nishnawbe Aski Nation (NAN) — are also encouraged. Security was another top priority, seen through recommendations to prohibit people in custody from hanging objects from bunk beds and to develop an action plan to locate inmates not present during bed checks. While inquest recommendations are not legally binding, the Office of the Chief Coroner asks those who have received a recommendation to respond within six months and indicate whether the recommendations were implemented — and if not, why. A list of all inquest verdicts and recommendations made in Ontario is updated regularly by the provincial government and can be found here.
