Ritchy Dubé v. CTS Canadian Career College Inc. and Barbara Thibodeau, 2010 HRTO 2537

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ritchy Dubé

Applicant

-and-

CTS Canadian Career College Inc. and Barbara Thibodeau

Respondents

DECISION

Adjudicator: Faisal Bhabha

Date: December 23, 2010

Citation: 2010 HRTO 2537

Indexed as: Dubé v. CTS Canadian Career College

1In a Decision dated March 31, 2010, 2010 HRTO 713, the Tribunal found that the corporate respondent breached the applicant’s right to be free from discrimination under the Code and made a number of remedial orders. In particular, the Decision provided as follows, at paragraph 86:

The corporate respondent is directed to prepare a remedy plan promoting future compliance. Its plan should describe options that: (1) promote awareness of the Code’s prohibition on discrimination on the basis of record of offences among staff and students; and (2) combat the stigma and stereotyping in employment against convicted persons who have served their sentences and been pardoned. The plan must be delivered to the applicant and filed with the Tribunal no later than 60 days from the date of this Decision. The applicant will have 10 days from receiving the respondent’s plan to deliver and file written submissions addressing the appropriateness of the plan.

2The corporate respondent sought a time extension, which was granted, and on June 30, 2010, filed its “Human Rights Code Remedy Plan” (the “Plan”). The applicant did not file submissions in respect of the Plan.

3The Plan provides as follows:

1. Create a Hiring Practices Manual stressing the Human Rights Code including prohibition on the basis of record of offences (see Appendix A).

2. Provide training to all persons in a position to hire stressing the Human Rights Code and providing examples that contravene the Code including discrimination on the basis of record of offences in order to enhance comprehensive understanding of the Code.

3. Provide directive to all staff regarding the meaning of a “pardon” to combat any biases that may exist.

4. Prominently display posters in all campuses – clearly visible by all students – providing details of the Human Rights Code.

5. Amend existing harassment and Discrimination Policy included in both the Employee Handbook and in the Student Handbook to include more complete information pertaining to “pardoned” offences for clarity. (existing policy included as Appendix B)

6. Designate the Campus Director at each campus and the Executive Assistant to the President/CEO to investigate any Human Rights Complaints and provide training to ensure compliance with the Human Rights Code requirements.

4Items 1 and 4 were indicated to have been completed by June 30, 2010, the date on which the Plan was submitted. The remaining items indicated a target date of August 31, 2010.

5Having reviewed the Plan, along with the Hiring Practices Manual that was filed along with the Plan, I am satisfied that the corporate respondent has undertaken, and perhaps completed, steps that meet the criteria required for a future compliance remedy. I therefore confirm by way of this Order that the corporate respondent adopt the Plan and, to the extent that it has not already done so, implement its terms as described.