Human Rights

DATE APPROVED

March 25, 2010

(in principle)

Minute No: P95/10

DATE(S) AMENDED

June 15, 2012

December 17, 2015

Minute No: P141/12

Minute No. P310/15

DATE REVIEWED

 

 

REPORTING REQUIREMENT

Annual

LEGISLATION

Police Services Act, R.S.O. 1990, c.P.15, as amended, ss. 31(1)(c), 47.

Human Rights Code, R.S.O. 1990, C. H.19.

General, O. Reg. 123/98, Part V. (amended to O. Reg. 43/03)

DERIVATION

 

The Toronto Police Services Board is committed to the principle that every person has a right to receive police services without discrimination or harassment, as provided by law, including the Ontario Human Rights Code (the Code). 

Further, the Toronto Police Services Board is committed to the principle that all members of the Toronto Police Service (the Service) have a right to work in an environment without discrimination or harassment, as provided by law, including the Code. 

The Code provides that every person has a right to equal treatment without discrimination or harassment on the basis of the following grounds, known as the “prohibited grounds”: 

·         Race

·         Sexual orientation

·         Ancestry

·         Gender identity

·         Place of Origin

·         Gender expression

·         Colour

·         Age

·         Ethnic Origin

·         Marital status

·         Citizenship

·         Family status

·         Creed (religion)

·         Disability

·         Sex (including pregnancy and breastfeeding)

·         Record of offences* [applies only to employment]

All individuals have a right to be free from discrimination or harassment because of relationship, association or dealings with an individual or individuals identified by a prohibited ground of discrimination. 

The Toronto Police Services Board recognizes that individuals have a right to enforce their rights under the Code and this policy, to make a human rights complaint and/or participate in a human rights investigation as complainants, witnesses or otherwise, and/or to refuse to infringe another’s human rights, all without suffering any adverse treatment, or threat of adverse treatment, or any form of reprisal. 

It is the policy of the Toronto Police Services Board that: 

    1. The Chief of Police will develop procedures to implement the principle of equal treatment in police services and in the workplace, without discrimination or harassment, consistent with the Code.   These procedures will cover, but are not limited to, the following areas: 

Training and Education 

The Chief of Police will ensure the provision of regular training and education to Service members that include programs which address human rights issues and assist members of the Service in understanding: 

      1. their responsibilities to provide services to the public, without discrimination;
      2. their rights, as members of the Service, to employment, without discrimination; and
      3. applicable Service procedures. 

The Chief of Police will ensure that all Service members acting in a supervisory or management capacity receive regular training and education on their responsibilities and related legal liabilities arising from the Code and this policy. 

These programs will be evaluated regularly to assess their adequacy and effectiveness in meeting the objectives of this policy. 

Professional Conduct 

The Chief of Police will ensure that Service procedures reinforce and encourage positive and professional practices that aim to promote and protect human rights.

Complaints Process 

The Chief of Police will ensure that a complaints process is in place to respond to complaints alleging discrimination or harassment related to employment with the Service. The complaints process should be clear in its explanation of how to file a complaint and the steps and timelines that follow. The complaints process should be accessible, readily available, fair, objective, transparent and timely. 

With respect to complaints alleging discrimination and harassment contrary to the Code, the Chief of Police will ensure that procedures are in place with respect to the complaints process, in accordance with Part V of the Police Services Act (the Act), where applicable. 

The Chief of Police will ensure that the Annual Professional Standards report includes information about the complaints that involve discrimination and harassment contrary to the Code

Human Rights Strategy 

The Chief of Police will ensure that the Service develops a Human Rights Strategy that aims to prevent discrimination and harassment and to promote fairness in service provision and in the workplace, in accordance with the Code.   The Strategy should set clear targets and objectives and include initiatives related to public education and outreach, continuous training and education of uniform and civilian Service members, and related future plans. The Strategy should include a provision for identification of emerging human rights themes and the development of appropriate procedures. The Human Rights Strategy should be reviewed annually and updated as required. 

Review of Procedures and Practices 

The Chief of Police will establish a mechanism for periodic review of procedures and practices related to the provision of service and to employment in order to ensure that they do not result in discrimination or harassment contrary to the Code

The Chief of Police will submit to the Board an Annual Report on Human Rights, which includes performance measures with respect to the relevant procedures and practices to be used to assess the effectiveness and impact of the implementation of this policy. 

The Annual Report should include: 

    • information on any procedures developed to support this policy and an assessment of their effectiveness as well as the impact on practices throughout the Service;
    • an overview of all human rights training and education provided by the Service over the year;
    • information on implementation of the Service’s Human Rights Strategy, including details of initiatives undertaken, intended objectives and outcomes;
    • a discussion of reporting and other mechanisms relied on by the Chief of Police to ensure accountability by all Service members acting in a supervisory or management capacity; and
    • information about all internal and external complaints made against the Board, the Chief of Police and any member of the Service, alleging a breach of this policy and/or the Code and/or the TPS Standards of Conduct relating to discrimination or harassment, including: 
      • the number of complaints received each year, as compared to previous years;
      • the area of discrimination or harassment (service provision or employment) complained about;
      • the grounds of discrimination or harassment upon which complaints are based;
      • the status of the complaints; and
      • the resolution of the complaints.

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