Williams v. Children’s Aid Society of Toronto, 2011 HRTO 878

Human Rights Tribunal of Ontario

B E T W E E N:

Roshika Williams Applicant

-and-

Children’s Aid Society of Toronto Respondent

AND B E T W E E N:

Roshika Williams Applicant

-and-

Alliance Youth Services Inc. Respondent

DECISION ON REMEDY

Adjudicator: Mark Hart Date: May 3, 2011 Citation: 2011 HRTO 878 Indexed as: Williams v. Children’s Aid Society of Toronto

Decision

1This Decision on Remedy follows the Tribunal’s decision on liability in this matter dated February 8, 2011 (2011 HRTO 265). As the hearing in this matter was bifurcated and liability on some aspects of the Applications was found, the Tribunal proceeded to determine the appropriate remedy.

2The parties consented to mediation-adjudication on the issue of remedy, which proceeded on May 3, 2011. As a result of this process, the parties agreed on that day to the following consent order, which I make by this Decision:

1. The respondents agreed to pay the applicant an agreed upon sum as general damages under the Code, to be paid within two weeks of this order.

2. Alliance Youth Services (“AYS”) agreed to develop and implement a policy on Code-related harassment and discrimination that applies to its employees and foster parents and that includes a complaint mechanism to address allegations of Code-related discrimination, harassment or reprisal raised by employees and/or foster parents. This policy shall be developed and implemented within 3 months of the date of this order. Within this same time period, AYS shall ensure that its employees receive training on this policy, and that its foster parents are made aware of this policy. AYS shall provide a copy of the policy to the Tribunal and the applicant once it has been developed and also shall confirm that it has complied with this provision of the order.

3. AYS further agreed that its owner and all of its employees shall receive training on human rights issues, in particular by being required to take the Human Rights 101 e-learning course accessible through the Ontario Human Rights Commission’s website, within 3 months of the date of this order. AYS shall confirm to the Tribunal and the applicant that it has complied with this provision of the settlement.

4. AYS agreed to review its records relating to the applicant’s allegation that there remains an outstanding payment of $3,100 due in relation to services provided in January and February 2007, and if said amount is due and payable by AYS, will make such payment directly to the applicant as soon as reasonably practicable, together with interest at a rate of 3% per annum to the date of payment.

5. CAST agreed that within 6 months of the date of this order, it will develop and implement a strategy for communicating to outside purchased resource (“OPR”) foster parents the method by which they can make complaints of discrimination, harassment or reprisal as defined by the Human Rights Code against CAST employees, and in general terms the process for investigation of such complaints. CAST will report to the Tribunal and the applicant within 15 days from the end of this 6 month period on its implementation of this strategy.

6. The respondents agreed that they will not take any reprisal or retaliation against the applicant or her family arising out of or in any way related to this proceeding.

7. I shall remain seized to deal with issues arising out of implementation of this award for a period of 12 months.