Oliver v. Hamilton (City) (No. 2)

1995-03-06

Ontario Board of Inquiry

Joseph Oliver Complainant

and

Ontario Human Rights Commission Commission

v.

Corporation of the City of Hamilton and Robert Morrow Respondents

Date of Complaint: January 10, 1992

Date of Decision: March 6, 1995

Before: Ontario Board of Inquiry, Elizabeth Beckett

Comm. Decision No.: 626A

Appearances by: Susan Ursel, Counsel for the Complainant Kikee Malik, Counsel for the Commission William Dermody, Counsel for the Respondent Robert Morrow Patrice Noe-Johnson, Counsel for the Respondent City of Hamilton

SEXUAL ORIENTATION — civic proclamation denied — PUBLIC SERVICES AND FACILITIES — definition of public services and facilities — civic proclamation denied — INTERPRETATION OF STATUTES — definition of "service" — DISCRIMINATION — definition of discrimination — safety risk as reasonable cause — LIABILITY — vicarious liability

Summary: The Board of Inquiry finds that Robert Morrow, the Mayor of Hamilton, discriminated against Joe Oliver by refusing a request that he proclaim Gay and Lesbian Pride Week in June 1991.

The Board of Inquiry rules that mayoral proclamations are a service available to the public within the meaning of the Ontario Human Rights Code. In a thirty-month period, the Mayor of Hamilton issued 235 proclamations in