HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Paul Conway
Applicant
-and-
Her Majesty the Queen in right of Ontario as represented by the Ministry of Health and Long-Term Care and the Mental Health Penetanguishene Corporation
Respondents
DECISION
Adjudicator: Leslie Reaume
Date: April 24, 2012
Citation: 2012 HRTO 827
Indexed as: Conway v. Ontario (Health and Long-Term Care)
APPEARANCES
Paul Conway, Complainant ) Suzan Fraser, Counsel
Mental Health Penetanguishene ) Shane Smith, Counsel
Corporation, Respondent )
Her Majesty the Queen in Right of Ontario )
as represented by the Ministry of ) Beth Beattie, Counsel
Health and Long-Term Care, Respondent )
[1] This is a Complaint under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which was filed prior to the substantial amendments which came into force on June 30, 2008.
[2] Mr. Conway alleges discrimination on the basis of race against the respondents. His allegations relate to events which occurred in 2003 and 2004 when he was at the Oakridge Division of Mental Health Centre Penetanguishene, a facility now owned and operated by Waypoint Centre for Mental Health Care, in Penetanguishene. Mr. Conway testified to the extreme vulnerability he experienced as a person who was unable to remove himself from circumstances which he alleged caused him considerable suffering due to the fact that that he was involuntarily detained by order of the Ontario Review Board.
[3] This Decision is made in accordance with section 45.9(2) of the Code which provides for a consent order on the joint motion of the parties. By giving their consent to this Decision, the Respondents have attempted to acknowledge and remedy the experiences Mr. Conway alleged and described in his testimony. In addition to the consent of the parties, I have determined that it is consistent with the remedial nature of the Code to order the parties to comply with the following terms:
a. The respondent Waypoint will ensure that clients/patients are educated about how harassment and discrimination are defined and what avenues of recourse are available to them so that they can take appropriate steps in the event that they experience harassment and/or discrimination in their interactions with staff;
b. Dr. Brian Jones agrees to meet with Mr. Conway as part of the hearing process on March 29, 2012 to hear Mr. Conway’s ideas about how to prevent harassment and discrimination, including Mr. Conway’s efforts to establish the group “T.A.L.K. B.L.A.C.K” (Taking Accountability for our Lives and Knowledge Based on Learning About Culture is the Key), as a vehicle for communication and change.
c. The Respondent Ministry of Health and Long Term Care will pay Mr. Conway the sum of $20,000.00 pursuant to section 45.2(1).
[4] This Decision brings Mr. Conway’s Complaint to a conclusion. The Tribunal’s file shall be closed.
Dated at Toronto, this 24th day of April, 2012.
“Signed by”
Leslie Reaume
Vice-chair