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

More documents

Recommendations

Info

eview may include a broader consideration of other changes: corporate, organizationaland operational, which might provide a better opportunity for it to meet its mission,incorporate the religious beliefs of its members, and comply with the Human RightsCode. In the circumstances, and with the evidence before me, I am not in a position toredesign Christian Horizons’ operations in a way that the various rights and interestspresent are appropriately balanced. However, Christian Horizons must bring itsemployment policies into line with the Code. If it does not, the Tribunal will make anorder to ensure compliance.[284] I order that the declaration that Christian Horizons cease and desist fromimposing the Lifestyle and Morality Statement as a condition of employment is stayedfor a period of 8 months, or for such longer period as the Tribunal may direct. In themeantime, within 30 days of the date of this decision, Christian Horizons mustcommence a review of its employment policies, in consultation with the Commission, toensure that such policies comply with the Code. Christian Horizons may engageexternal consultants or other advisory assistance as it determines useful. The Tribunalwill also offer the assistance of a mediator if the parties so wish.2008 HRTO 22 (CanLII)[285] No later than six months from the date of this decision, Christian Horizons shallsubmit a report to the Tribunal outlining the steps it proposes to take, along with a timeframe for implementation, to ensure that its employment policies are in compliance withthe Code. At least 30 days prior to the submission, Christian Horizons shall provide itsproposal to the Commission and Ms. Heintz, and the Commission and Ms. Heintz shallbe entitled to make submissions to the Tribunal on the proposal. Any agreementreached between the parties should be identified in a joint submission. Followingreceipt of the proposal and submissions, the Tribunal will provide directions for aprocess to finalize the award in this case.ORDER[286] Having found the respondent Christian Horizons violated section 5(1) andsection 9 of the Human Rights Code and that section 24(1)(a) of the Code does notapply to the respondent, the Tribunal makes the following orders:86
1. the respondent, Christian Horizons, shall pay the complainant,Connie Heintz, the following amounts:(a)(b)(c)(d)general damages in the amount of $8000 for for theapplication of the discriminatory employment policy;general damages in the amount of $10,000 for the poisonedwork environment;damages in the amount of $5000 for the wilful and recklessinfliction of mental anguish arising from the poisoned workenvironment;pre-judgement interest on the amounts in paragraphs (a), (b)and (c) payable from September 23, 2000 to the date of thisdecision in accordance with the Courts of Justice Act;2008 HRTO 22 (CanLII)(e) special damages amounting to all wages and benefits thecomplainant would have received between September 23,2000 and July 12, 2002 less any monies earned elsewhereduring that period, plus pre-judgement interest on thoseamounts commencing August 2, 2001 payable in accordancewith the Courts of Justice Act;(f) post-judgement interest payable in accordance with theCourts of Justice Act.2. The respondent Christian Horizons shall develop and adopt ananti-discrimination and an anti-harassment policy as well as ahuman rights training program for all employees and managerswithin six months from the date of the decision.3. The respondent, Christian Horizons, shall cease and desist fromimposing the Lifestyle and Morality Statement as a condition ofemployment. The effect of this order is stayed for a period of 8months from the date of this decision, or for such longer period asthe Tribunal may direct.4. Within 30 days of the date of this decision, the respondent,Christian Horizons, must commence a review of its employmentpolicies, in consultation with the Commission, to ensure that suchpolicies comply with the Code.5. No later than six months from the date of this decision, therespondent, Christian Horizons shall submit a report to theTribunal outlining the steps it proposes to take to ensure that itsemployment policies are in compliance with the Code, including atime frame for implementation.87
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 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 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: for over 40 years. It has grown fro
Page 93 and 94: ADDENDUM TO FINAL DECISION[1] This
Page 95 and 96: Horizons appealed that decision, an
show all

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

Create successful ePaper yourself

Delete template?

Save as template?