SCHEDULE B OF JPRC FACTUM - APPENDIX A - BEFORE DIVISIONAL COURT

Ontario Court of Justice

Discrimination and Harassment Policy

for Judges and Justices of the Peace

Policy

Statement of Policy:

The Ontario Court of Justice supports diversity and equality and is committed to a workplace free from discrimination and harassment.

Objectives:

The objective of this policy are

- to affirm the Principles of Judicial Office

- to maintain a working environment that is free from discrimination and harassment and in which members of the Ontario Court of Justice treat each other with mutual respect and dignity;

- to establish a mechanism for receiving complaints of discrimination and harassment and to provide a procedure by which the Ontario Court of Justice will deal with these complaints internally;

This policy is not intended to constrain acceptable social interactions between members of the Ontario Court of Justice.

This policy is intended to provide an alternative to more formal avenues of complaint, if the parties voluntarily choose to utilize it.  However, it is not intended to preclude resort to formal avenues of complaint.

Application:

This policy applies to all judges and justices of the peace appointed to the Ontario Court of Justice where the complaint is against a judge or justice of the peace and the complainant is a judge or justice of the peace.

Prohibited Conduct:

Discrimination and harassment on the grounds of race, ancestry, place or origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, same-sex partnership status, family status, disability and personal harassment are prohibited.

Definition of Discrimination:

Discrimination is any practice, standard or action based upon the prohibited grounds set out above that, intentionally or not, withholds or limits access to opportunities, benefits and advantages available to others or that imposes burdens or obligations on an individual or group that are not imposed on others.

Definition of Harassment:

Harassment means engaging in a course of vexatious comment or conduct, and includes comments or conduct based upon the prohibited grounds set out above, that is known or ought reasonably to be known to be unwelcome or unwanted.

The the purposes of this policy, harassment includes:

Sexual Harassment:  unwelcome or unwanted conduct or comment that is sexual or gender-related in nature and that is known or ought reasonably to be known to be unwelcome or unwanted.

Racial Harassment: unwelcome or unwanted conduct or comment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, or creed that is known or ought reasonably to be known to be unwelcome or unwanted.

Personal Harassment:  any behaviour that is offensive and is known or ought reasonably to be known to be unwelcome.  It includes conduct or comment that demeans, belittles, or causes personal humiliation or embarrassment.

Hearing Panel Decision 

on the this policy:

[207]   We note that the Ontario Court of Justice Discrimination and Harassment Policy for Judges and Justices of the Peace was not established until 2009.  However, we find that His Worship acted in a manner inconsistent with the Human Rights Code.