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

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using the Waterloo 6 computer to view gay and child pornography, and was misusingthe organization’s funds. The notes also reveal other staff said that they had heard ofthe resident abuse allegation from Ms. Odhiambo.[216] Mr. Alemu interviewed Ms. Heintz on June 26, 2000. Mr. Alemu did not tell herabout Ms. Odhiambo’s allegations. After her interview, Ms. Heintz had a discussionwith a fellow worker, Karri Girling, who said Mr. Alemu had asked her how she felt aboutMs. Heintz being gay and about the abuse allegations. Ms. Heintz testified that she wasextremely upset and, as a result, set up another meeting with Mr. Alemu.[217] At that meeting Ms. Heintz expressed her upset and a concern about themanner in which Mr. Alemu was inquiring into the allegations against her. She told Mr.Alemu she felt it was unfair that she was not told of the allegations and was finding outfrom other staff. She felt that certain staff were being deceitful and that the organizationwould “prefer for me not to be working here.” She told Mr. Alemu she thought theorganization was “biased and hypocritical”. Mr. Alemu took offence and indicated thather behaviour was grounds for termination.2008 HRTO 22 (CanLII)[218] Mr. Alemu testified there was another encounter with Ms. Heintz during whichshe was loud and abusive, and he felt quite uncomfortable. Ms. Heintz denied thisfollow up encounter ever took place. Mr. Alemu did not have notes of this meeting.[219] As a result of Mr. Alemu’s interviews with staff, Mr. Alemu decided to call for aformal inquiry into the allegations of abuse. His notes record:I am quite concerned about Connie.• Complaint against this employee particularly from one staffand a number of staff state personal conflicts• Poisoned and hostile to PM, ADS and very negative toChristian Horizons• Given the nature of the employment her character isparticularly prejudicial to our services• Made it very clear that she is engaged in lesbianrelationship• Made it obvious that she has no value for Christianity66
• On this and suspicious abuse allegations, her previousincident of abuse and staff’s confirmation that she is able to hitan individual, I think I need to act.[220] The following day Ms. Heintz was suspended with pay pending the formalinquiry into the abuse allegations. Ms. Heintz asked Ms. Girling for the details of theallegations. Ms. Girling refused, responding that she would be informed during theinquiry process.[221] The inquiry was held on June 30, 2000. The inquiry team dismissed theresident abuse allegation as “inconclusive.”2008 HRTO 22 (CanLII)[222] During the inquiry, the issue of Ms. Heintz’s sexual orientation was raised. Ms.Odhiambo indicated that she was afraid of Ms. Heintz, that Ms. Heintz was stalking her,and she carried her car keys at all times in case she had to escape from the residence.Ms. Heintz told the inquiry team that she felt that Ms. Odhiambo was extremelyuncomfortable with the fact that she (Ms. Heintz) was gay.[223] The inquiry team noted that “Sophie’s fears must be taken seriously, and stepsneed to be taken to ensure that she can maintain a sense of well-being and safety in theworkplace”. The inquiry team made no comments about Ms. Heintz’s well-being, nordid it recommend management take steps to address the apparent tension in theworkplace related to some staff’s discomfort with Ms. Heintz’s sexual orientation.[224] On the same day, June 30, 2000, Mr. Alemu issued a letter of discipline to Ms.Heintz. The letter stated in part that “if you fail to change your attitude and improve yourperformance, we have no alternative but to recommend the termination of youremployment.”[225] There was no evidence that Christian Horizons took any other action arising outof Mr. Alemu’s investigation into the breakdown of the team dynamics at Waterloo 6 orthe abuse inquiry, either in terms of further investigation, discipline to other employees,conflict resolution sessions or training. Mr. Alemu’s notes indicate there werecomplaints of abusive behaviour by another employee named “Pat.” There was no67
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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TABLE OF CONTENTSOVERVIEW .........
Page 5 and 6:
I) OVERVIEW[1] In March 1995, the c
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Code which provides a framework and
Page 9 and 10:
[19] The length of the hearing and
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[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 18 and 19:
support services to the residents,
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: Horizons’ management from the poi
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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