Ruling (.pdf) - International Center for Law and Religion Studies

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support services to the residents, it was not disputed that many members and staff felt adeep calling as Christians to be involved with Christian Horizons, and they drew upontheir faith commitment to support their work. Indeed, Ms. Heintz testified that she choseto work at Christian Horizons because she felt called by God to do Christian ministry.Christian Horizons and the Developmental Service Sector in Ontario[53] Christian Horizons is one of approximately 370 community living organizations inOntario that provide residential and other support programs for individuals who havedevelopmental disabilities. These organizations, funded through the Ministry ofCommunity and Social Services, provide service to 60,000 individuals. The Ministry’sannual budget for developmental services in Ontario is approximately $1.35 billion.2008 HRTO 22 (CanLII)[54] Christian Horizons is the largest single community living service provider in theprovince, though it is not the largest in any one area of the province. It receivesapproximately $75 million annually, and provides services and support to approximately1400 individuals with developmental disabilities.[55] As noted above, one of the reasons for the growth of Christian Horizons was theprogram of deinstitutionalization beginning in the mid 1980’s. The government decidedto close its large institutional facilities, and to provide services to individuals withdevelopmental disabilities in community living or group home settings. This processwas undertaken over a number of years.[56] Mr. Hugh Robinson, a Program Manager with the Ministry, testified thatorganizations like Christian Horizons are funded through a system of transfer paymentsfrom the Ministry. The Ministry enters into a service contract with the organization whichoutlines the services the particular organization will provide, the funding allocation,along with detailed reporting and accountability measures. Different fundingarrangements between the Ministry and the organizations may be targeted for start-upfunding, capital improvements for homes, or for on-going service provision for residents.[57] Mr. Robinson also testified about the placement process for individuals whorequire residential care. He explained that the Ministry provides a system of “single14
point of access”. Individuals and families make an application for services through theMinistry which then determines eligibility. Agencies in a particular community provideinformation to the Ministry about their services and the availability of those services.The “single point of access” process attempts to match the needs of an individualapplicant with the services available in the community. All placements must be madethrough this process. Christian Horizons, like other organizations, does not acceptplacements directly outside of the “single point of access” process.[58] The “single point of access” process allows individuals or families to identify theirchoice of service provider based on religious or cultural preference, however anidentified preference is only one factor in placing an individual needing services.2008 HRTO 22 (CanLII)[59] Finally, Mr. Robinson testified that Christian Horizons was an agency with aparticular willingness and ability to accept some of the most challenging placementsfrom institutions and, in more recent years, from other community living agencies.The Development of the Lifestyle and Morality Statement[60] In 1992, following the decision in Parks, supra, Christian Horizons began aprocess to develop a Lifestyle and Morality Statement. Parks dealt with two complaintsin which the employment of Christian Horizons staff members was terminated becausethey were living in common-law relationships. As in the present case, ChristianHorizons took the position that the employees were not in conformity with what itbelieved were fundamental Evangelical Christian principles. The Board of Inquiry inParks determined Christian Horizons did not fall within the special employmentexemption in the Code because it did not consistently apply lifestyle standards, norwere those standards clearly communicated to individuals when they were hired.[61] As a result of Parks, Christian Horizons decided to introduce lifestyle standardswhich would apply to all employees, and would form part of all contracts of employment.[62] Reverend Noel Churchman, who was Executive Director of Christian Horizons in1991, testified about how the Lifestyle and Morality Statement was developed. Heexplained that he organized a series of three retreats for front line staff of the15
Page 1 and 2: HUMAN RIGHTS TRIBUNAL OF ONTARIO___
Page 3 and 4: TABLE OF CONTENTSOVERVIEW .........
Page 5 and 6: I) OVERVIEW[1] In March 1995, the c
Page 7 and 8: Code which provides a framework and
Page 9 and 10: [19] The length of the hearing and
Page 12 and 13: [31] Rev. Reese testified that, aft
Page 14 and 15: objects and purposes essentially re
Page 16 and 17: meet the needs of individuals who w
Page 20 and 21: organization. Each retreat involved
Page 22 and 23: Heintz was given a Letter of Employ
Page 24 and 25: Ms. Dorothy Girling, Ms. Heintz’s
Page 26 and 27: with pay pending the investigation
Page 28 and 29: ancestry, place of origin, colour,
Page 30 and 31: such a defence should not be read i
Page 32 and 33: all help it can to its members to a
Page 34 and 35: Analysis and Application of the Fac
Page 36 and 37: [117] On the basis of the evidence
Page 38 and 39: [124] Rev. Dr. Brent Hawkes, the Co
Page 40 and 41: doctrine, unjustifiably entangle th
Page 42 and 43: Christian Horizon urges me to adopt
Page 44 and 45: persons, individuals identified by
Page 46 and 47: the residents, they were not able t
Page 48 and 49: noted above, that families came fro
Page 50 and 51: would otherwise be discriminatory,
Page 52 and 53: confronted about being in a same se
Page 54 and 55: whole. Section 24(2) imposes a duty
Page 56 and 57: 57. The first step in assessing whe
Page 58 and 59: a rational connection between the q
Page 60 and 61: If individuals in Canada were permi
Page 62 and 63: the faith beliefs of the organizati
Page 64: And so they have gay and lesbian st
Page 67 and 68: discriminatory views of managers or
Page 69 and 70:
Horizons’ management from the poi
Page 71 and 72:
• On this and suspicious abuse al
Page 73 and 74:
Christian Horizons relied on the di
Page 75 and 76:
we're committed to as God's way in
Page 77 and 78:
obligations placed on all employers
Page 79 and 80:
Inc. (No. 4) (1990), 12 C.H.R.R. D/
Page 81 and 82:
late in 1999. She testified that wh
Page 83 and 84:
Heintz. None of her concerns about
Page 85 and 86:
[268] Ms. Heintz testified about he
Page 87 and 88:
take steps to justify why gays and
Page 89 and 90:
for over 40 years. It has grown fro
Page 91 and 92:
1. the respondent, Christian Horizo
Page 93 and 94:
ADDENDUM TO FINAL DECISION[1] This
Page 95 and 96:
Horizons appealed that decision, an
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