Access to Courts System: Victims of Workplace Discrimination (Canada)
The Issue
Change is Overdue
Initially this petition focused on Victims of Anti-Black Racism Workplace Discrimination but has been broadened to now include victims of workplace discrimination which constitutes human rights violations.
Workplace discrimination which constitutes abuse of human dignity has similar impact whomever the victim. The following analysis describes racial discrimination practised against Black People but the mechanisms used to perpetrate, conceal and perpetuate the discrimination, the resulting debasement of humanity and the remedies set out below fundamentally apply to all forms of workplace discrimination.
Currently, Victims of Anti-Black Racism Workplace Discrimination must seek justice from provincially administered arbitration systems that do not provide the level of compensation for victims as is available under the courts system which the federal government administers.
They also lack the same level of integrity because of the use of weaker rules of evidence, unavailability of appeals processes, and less independence of the adjudicators who are appointed either directly by the provincial government, who might at the same time be the employer/ respondent, in the case of certain grievance boards, labour tribunals, and the human rights tribunal, or by the employer and union themselves, where the union might also be working against the interests of the Victim of Anti-Black Racism Workplace Discrimination.
Additionally, arbitration proceedings uphold privacy and confidentiality, enabling employers to keep the reoccurring, systemic nature of their Anti-Black Racism Workplace Discrimination practices away from public knowledge. On the contrary, litigation in the courts is a public proceeding, and institutions subjected to repeated litigation would presumably suffer some public censure.
Examples of the Injustices of Arbitration: Government of Ontario (Employer) and AMAPCEO (Union)
A complaint is currently at the Human Rights Tribunal of Ontario. It pertains to the Government of Ontario's practice, as the employer, of Anti-Black Racism against a Black woman employee during her nearly 25 years of service but explicitly relates to more recent events: (HRTO 2017-28902-1).
The complaint includes allegations that the Government of Ontario fabricated email documents, reverse racism tactics of accusing the victim, to paint the Victim of its Anti-Black Racism Workplace Discrimination conduct as the aggressor using “Aggressive Black Female Tropes.”
The fabricated documents were then submitted to the Ontario Grievance Settlement Board to become the basis of a Decision and posted on canlii.org with possible collusion between the adjudicator and the Government of Ontario lawyer and the union AMAPCEO, through their lawyer, who was purportedly representing the Victim of Anti-Black Racism.
A related complaint (HRTO 2018-35099-I) cites the union AMAPECO for colluding to enable the submission and use of the fabricated email documents in the Hearing and for similar Anti-Black Racism Workplace Discrimination within its organization.
Victims are Turned Away from the Courts by the WEBER RULE
As a result of the unsuitability of the present judicial forums to adequately address Anti-Black Racism Discrimination, a mounting trail of victims has been knocking on the doors of the courts to seek admittance by filing cases in the courts system, as far back as 2011, even though legislation and case law in the form of the Weber Rule, handed down by the Supreme Court in the case of Weber V Ontario Hydro 1995, bar their entry and legal costs are routinely handed down to them.
The Weber Rule states that arbitration will have exclusive jurisdiction over disputes where a collective bargaining agreement exists. Accordingly, the courts will have no jurisdiction. The sole jurisdiction of arbitration also applies to unionized employment related human rights complaints unless relevant human rights law allows for access to a human rights tribunal process, as in Ontario.
However, the Government of Ontario has passed laws to condone and encourage behaviour such as submitting fabricated documents into its labour relations and discrimination hearings. The Public Service of Ontario Act, 2006(PSOA), which purportedly sets out the ethical framework for public servants in Ontario, provides explicitly for there to be no accountability or disciplinary consequence for public servants who engage in the described behaviour relating to labour relations which is the operational area which is responsible for addressing Anti-Black Racism Workplace Discrimination. Labour relations is classified as one of the so-called exclusions from disciplinary processes for “wrongdoings.”
The ‘uninhibited”, “legalized” “reverse racism” attack by the Government of Ontario usually involves the creation of false accusations and even false documents which are supplied to an external investigator, appointed by the Government of Ontario, to prepare a report which names the Victim of Anti-Black Racism Workplace Discrimination as an aggressor whom no one can work with and who has produced a poisoned work environment. As soon as this report is made available, the immediate suspension or termination of the Victim of Anti-Black Racism Workplace Discrimination is addressed by the Government of Ontario labour relations operations.
The false allegations and fabricated documents produced by the Government of Ontario labour relations operations are later fed into the Government of Ontario-controlled hearings to bring about the desired outcome of defeating related discrimination complaints. The false accusations and documents will most likely be posted on canlii.org to make complete and public the character assassination and humiliation of the Victim of Anti-Black Racism Workplace Discrimination and negate their future employment prospects.
The Government of Ontario has flooded online search results with purported action that it is taking to combat Anti-Black Racism Workplace Discrimination whilst at the same time continuing to viciously destroy those who complain against the heinous practices which it continues, unabated. TheGoodLawyer, on Twitter provides details of the ins and outs of the brutality.
The Anti-Racism Action Group
The Anti-Racism Action Group is putting forward a new strategy to effect the required changes, to eradicate institutionalized Anti-Black Racism Workplace Discrimination in the Canadian employment context.
The strategy includes lobbying the federal government to pass a similar law to the “Ending Forced Arbitration of Sexual Harassment Act,” enacted in the US, February 10, 2022, to provide Victims of Anti-Black Racism Workplace Discrimination access to the courts system where more robust judicial processes exist such as independence of the judiciary, strict rules of evidence, the availability of an appeals process as well as the availability of significant punitive damages to deter such conduct.
The strategy will also include lobbying for required changes to provincial laws, such as the PSOA, to include labour relations operations in their definition of wrongdoings to encourage behaviour that is more consistent with their stewardship of the administration of the provincial labour laws.
The Issue
Change is Overdue
Initially this petition focused on Victims of Anti-Black Racism Workplace Discrimination but has been broadened to now include victims of workplace discrimination which constitutes human rights violations.
Workplace discrimination which constitutes abuse of human dignity has similar impact whomever the victim. The following analysis describes racial discrimination practised against Black People but the mechanisms used to perpetrate, conceal and perpetuate the discrimination, the resulting debasement of humanity and the remedies set out below fundamentally apply to all forms of workplace discrimination.
Currently, Victims of Anti-Black Racism Workplace Discrimination must seek justice from provincially administered arbitration systems that do not provide the level of compensation for victims as is available under the courts system which the federal government administers.
They also lack the same level of integrity because of the use of weaker rules of evidence, unavailability of appeals processes, and less independence of the adjudicators who are appointed either directly by the provincial government, who might at the same time be the employer/ respondent, in the case of certain grievance boards, labour tribunals, and the human rights tribunal, or by the employer and union themselves, where the union might also be working against the interests of the Victim of Anti-Black Racism Workplace Discrimination.
Additionally, arbitration proceedings uphold privacy and confidentiality, enabling employers to keep the reoccurring, systemic nature of their Anti-Black Racism Workplace Discrimination practices away from public knowledge. On the contrary, litigation in the courts is a public proceeding, and institutions subjected to repeated litigation would presumably suffer some public censure.
Examples of the Injustices of Arbitration: Government of Ontario (Employer) and AMAPCEO (Union)
A complaint is currently at the Human Rights Tribunal of Ontario. It pertains to the Government of Ontario's practice, as the employer, of Anti-Black Racism against a Black woman employee during her nearly 25 years of service but explicitly relates to more recent events: (HRTO 2017-28902-1).
The complaint includes allegations that the Government of Ontario fabricated email documents, reverse racism tactics of accusing the victim, to paint the Victim of its Anti-Black Racism Workplace Discrimination conduct as the aggressor using “Aggressive Black Female Tropes.”
The fabricated documents were then submitted to the Ontario Grievance Settlement Board to become the basis of a Decision and posted on canlii.org with possible collusion between the adjudicator and the Government of Ontario lawyer and the union AMAPCEO, through their lawyer, who was purportedly representing the Victim of Anti-Black Racism.
A related complaint (HRTO 2018-35099-I) cites the union AMAPECO for colluding to enable the submission and use of the fabricated email documents in the Hearing and for similar Anti-Black Racism Workplace Discrimination within its organization.
Victims are Turned Away from the Courts by the WEBER RULE
As a result of the unsuitability of the present judicial forums to adequately address Anti-Black Racism Discrimination, a mounting trail of victims has been knocking on the doors of the courts to seek admittance by filing cases in the courts system, as far back as 2011, even though legislation and case law in the form of the Weber Rule, handed down by the Supreme Court in the case of Weber V Ontario Hydro 1995, bar their entry and legal costs are routinely handed down to them.
The Weber Rule states that arbitration will have exclusive jurisdiction over disputes where a collective bargaining agreement exists. Accordingly, the courts will have no jurisdiction. The sole jurisdiction of arbitration also applies to unionized employment related human rights complaints unless relevant human rights law allows for access to a human rights tribunal process, as in Ontario.
However, the Government of Ontario has passed laws to condone and encourage behaviour such as submitting fabricated documents into its labour relations and discrimination hearings. The Public Service of Ontario Act, 2006(PSOA), which purportedly sets out the ethical framework for public servants in Ontario, provides explicitly for there to be no accountability or disciplinary consequence for public servants who engage in the described behaviour relating to labour relations which is the operational area which is responsible for addressing Anti-Black Racism Workplace Discrimination. Labour relations is classified as one of the so-called exclusions from disciplinary processes for “wrongdoings.”
The ‘uninhibited”, “legalized” “reverse racism” attack by the Government of Ontario usually involves the creation of false accusations and even false documents which are supplied to an external investigator, appointed by the Government of Ontario, to prepare a report which names the Victim of Anti-Black Racism Workplace Discrimination as an aggressor whom no one can work with and who has produced a poisoned work environment. As soon as this report is made available, the immediate suspension or termination of the Victim of Anti-Black Racism Workplace Discrimination is addressed by the Government of Ontario labour relations operations.
The false allegations and fabricated documents produced by the Government of Ontario labour relations operations are later fed into the Government of Ontario-controlled hearings to bring about the desired outcome of defeating related discrimination complaints. The false accusations and documents will most likely be posted on canlii.org to make complete and public the character assassination and humiliation of the Victim of Anti-Black Racism Workplace Discrimination and negate their future employment prospects.
The Government of Ontario has flooded online search results with purported action that it is taking to combat Anti-Black Racism Workplace Discrimination whilst at the same time continuing to viciously destroy those who complain against the heinous practices which it continues, unabated. TheGoodLawyer, on Twitter provides details of the ins and outs of the brutality.
The Anti-Racism Action Group
The Anti-Racism Action Group is putting forward a new strategy to effect the required changes, to eradicate institutionalized Anti-Black Racism Workplace Discrimination in the Canadian employment context.
The strategy includes lobbying the federal government to pass a similar law to the “Ending Forced Arbitration of Sexual Harassment Act,” enacted in the US, February 10, 2022, to provide Victims of Anti-Black Racism Workplace Discrimination access to the courts system where more robust judicial processes exist such as independence of the judiciary, strict rules of evidence, the availability of an appeals process as well as the availability of significant punitive damages to deter such conduct.
The strategy will also include lobbying for required changes to provincial laws, such as the PSOA, to include labour relations operations in their definition of wrongdoings to encourage behaviour that is more consistent with their stewardship of the administration of the provincial labour laws.
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Petition created on February 19, 2022