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

Remedy in Relation to the Poisoned Work Environment[277] Christian Horizons must adopt polices that will enable it to ensure that its beliefsdo not result in a poisoned the workplace for gays and lesbians and, where conflicts ortensions do arise, they are dealt with in a way that is consistent with the Code. Thisshould include the adoption of an anti-discrimination and anti-harassment policy. Thepolicy should provide clear statements about employees’ rights to be free fromdiscrimination and harassment based on all of the grounds in the Code. It should alsoprovide for a complaint mechanism for employees who believe they have beensubjected to discrimination, along with an investigation procedure. I accept that, as areligious organization, Christian Horizons will want to develop such a policy thatincorporates its beliefs. This is legitimate. But Christian Horizons is also an employerto which the Code applies. Therefore, it will need to balance its interests as a religiousorganization with its obligations under the Code. Where there is a conflict, the Codemust prevail.2008 HRTO 22 (CanLII)[278] Christian Horizons should also institute a training program for all employees andmanagement, as well as for the Board of Directors. The training program shouldaddress human rights issues, the requirements of the Code, and the policy referred toabove. Again, it is legitimate for Christian Horizons to seek to have its religious identityrecognized in this process, but the content of the training must be consistent with theCode.Remedy in Respect of the Discriminatory Qualification[279] This aspect of the remedial order is particularly difficult and complex. ChristianHorizons is a large organization with over 2500 employees, 180 residences, as well ascorporate offices. The evidence establishes that the residences vary widely in terms ofthe nature of services provided to residents. Also, some families and individuals servedby Christian Horizons do seek a Christian home environment and spiritual support.[280] Christian Horizons has operated within the framework of its religious faithbeliefs, its Doctrinal Statement, and some version of a Lifestyle and Morality Statement84