Ontario Human Rights Commission
Section 1 of the Ontario Human Rights Code (Human Rights Code) provides that every person has a right to equal treatment with respect to services without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.
Under section 1 of the Community Safety and Policing Act, police services must be provided throughout Ontario according to certain principles, including the importance of safeguarding the fundamental rights guaranteed by the Canadian Charter of Rights and Freedoms and the Human Rights Code.
The Ontario Human Rights Commission (OHRC), the Peel Regional Police (PRP) and the Peel Regional Police Services Board (PRPSB) (collectively the “Parties”) signed a Memorandum of Understanding (MOU) committing to develop and implement recommendations that can be legally enforced to identify and eliminate systemic racism in policing, promote transparency and accountability, and enhance Black, other racialized and Indigenous communities’ trust in policing through an initiative named the Human Rights Project.
PRP has agreed to implement the recommendations in a phased-in approach, that is consistent with the recommendations from the Human Rights Project, subject to any legal obligations or defences recognized under the Human Rights Code.
To resolve disputes about the interpretation, implementation or execution of the recommendations, the Parties consent to arbitration as a last resort. The arbitrator’s award is legally binding on the Parties. The terms of the Arbitration Agreement are set out below:
The Parties agree that they will, in good faith, make all reasonable efforts to resolve any dispute that may arise regarding the implementation, interpretation and execution of the Recommendations from the Human Rights Project attached hereto, or the independent verifier’s findings, through negotiations with the respective signatories to this agreement.
Should the Parties be unable to resolve any dispute, the Parties agree that the dispute will be referred to binding arbitration. Any party to this agreement may refer a dispute to binding arbitration by serving upon the other parties’ written notice which includes the particulars of the matter or matters in dispute.
The Parties agree to jointly select an arbitrator with recognized human rights expertise and experience in adjudicating, mediating or otherwise resolving systemic racial discrimination matters. This includes experience addressing anti-Black racism, and anti-Indigenous racism. If the Parties cannot agree on the choice of arbitrator(s) within 60 days from the time written notice is made, an arbitrator will be chosen by the independent verifier, in consultation with the Anti-Racism Advisory Committee (ARAC).
The Parties agree that fees and expenses and all the administrative costs of the arbitration, such as the cost of the hearing room will be paid by PRP. The Parties also agree that the cost of the arbitrator will be borne by the PRP and PPSB. The OHRC will contribute one-third of the cost for the arbitrator.
The Parties agree that any final arbitration award, order, decision or reasons issued by the arbitrator shall be made publicly available in a manner that provides reasonable public access (i.e. on a publicly available website), as agreed upon by the Parties at the time.
A joint framework will be developed to govern how decisions are published, taking into account the need for transparency and public accountability, and any confidentiality measures required by law, which may include personal privacy or security concerns. Decisions and reasons will be shared directly with ARAC according to this framework.
The Parties agree to the arbitral process, including the procedural rules, set out in an arbitration process agreement.
Arbitration Process Agreement
Applicability of the Arbitrations Act: The provisions of the Arbitrations Act, 1991, S.O. 1991, c. 17, apply to this Arbitration Agreement except where a provision of the Agreement states otherwise.
Time and Location of the Proceeding: The arbitration hearing shall take place in-person or virtually or in the Greater Toronto area, at a location to be selected by the arbitrator, and at a time agreed upon by the parties and the arbitrator.
Pleadings: The parties waive the use of pleadings of any sort but agree to exchange written statements which shall indicate their positions, the points at issue, and the relief sought. Statements must be filed with the arbitrator and served on the legal representative of record of each party by email. The party who issued a notice under paragraph 2 of the Arbitration Agreement shall deliver to every party, their statement within 15 days of the appointment of the arbitrator. The remaining parties shall serve and file their statements according to the Response timelines set out in Tribunals Ontario’s Rules of Procedure for applications under the Human Rights Code. There shall not be any Reply.
Disclosure: The parties agree that Rules 16 and 17 of the Tribunals Ontario’s Rules for Procedure for applications under the Human Rights Code shall apply, except that time periods are abridged from 45 to 15 days unless otherwise permitted by the arbitrator. The subrules of Rule 17 regarding oral witnesses do not apply.
Evidence at the Arbitration Hearing: The arbitrator shall rely on the rules of evidence stipulated in the Arbitration Act. The parties’ legal representatives may give oral submissions. Oral evidence is not allowed. The documentary evidence is limited to the following: Affidavits; Documents; Expert Reports; Transcripts of Examinations, if any, and Witness Statements.
Remedial Powers of the Arbitrator: The arbitrator shall have all the remedial powers set out in the Human Rights Code, RSO 1990, c H.19, including the power to order implementation of a recommendation. The arbitrator is limited in their remedial powers in that there is no power to order costs or any order that would be contrary to statute or case law.
Initial meeting: Once appointed, the arbitrator will convene an initial meeting with the parties and their legal representative to confirm the issues to be decided. The initial meeting may be held virtually.
Right to appeal: There is no right to appeal the arbitrator’s award. The arbitrator’s award is binding on the parties.
Reasons of the Arbitrator: The arbitrator must give written reasons for their award. Reasons are limited to five [5] pages. The arbitrator’s award shall be released to the parties within 60 days from the date of the last day of the hearing unless otherwise agreed by the parties.