Human Rights - MICO

The Integrity Commissioner investigated complaints against the Mayor of Peterborough for using a racial slur while quoting a historical figure during a guest lecture at Trent University.

The Commissioner found that while the comment was universally agreed to be unacceptable and harmful, it did not breach section 10 of the City's Code of Conduct as presently drafted, because it was not directed at any individual and did not constitute a course of conduct amounting to harassment.

The Commissioner recommended that City Council amend the Code if it wishes to prohibit such language regardless of context.

The Integrity Commissioner investigated complaints that a municipal councillor made a derogatory social media post about a recently deceased Indigenous woman.

The Commissioner found that the councillor's comment ('not anymore bahaha') was directed at the deceased individual, who was known to have disabilities and a history of justice involvement.

The Commissioner concluded that the post contravened the municipal Code of Conduct by rendering the councillor unable to perform his duties satisfactorily, particularly his role on a committee dedicated to fostering positive relationships with Indigenous communities.

The post was also found to be discriminatory on the basis of disability.

The Commissioner recommended that City Council consider remedial measures, noting that the councillor had already been removed from the relevant committee.

Two complaints were filed alleging that a municipal councillor contravened the Council Code of Conduct by posting a Facebook comment critical of a drag storytime event at the local public library.

The Integrity Commissioner found that the councillor's comments, while expressing opposition to the event, were moderate, respectful, and made in a personal capacity without City-related implications.

The Commissioner also found that the councillor did not misuse the influence of his office, as he ultimately did not send a planned letter to the Library Board.

The complaints were dismissed.

The Complainant, Deputy Mayor of North Bay, alleged that the Respondent, a City Councillor, violated the City's Code of Conduct through discriminatory and harassing emails and a disparaging social media post.

The Acting Integrity Commissioner found that the Respondent's emails referencing the Complainant's age and pregnancy were insulting, discriminatory on the basis of age and sex, and amounted to harassment.

Furthermore, the Commissioner found that the Respondent's Facebook post, which falsely claimed she was denied access to budget information, was disparaging and abusive.

The Commissioner concluded that the Respondent breached Articles VI and VIII of the Code of Conduct and recommended that City Council accept the report.

The Integrity Commissioner investigated two complaints against a City Councillor regarding his public tweets criticizing senior City staff.

The Commissioner found that the Councillor violated the Code of Conduct by falsely injuring the professional reputation of one staff member and engaging in discreditable conduct towards both by subjecting them to public humiliation on social media.

Furthermore, the Commissioner found that the Councillor engaged in reprisal against one of the complainants during a committee meeting after being notified of the investigation.

The Commissioner recommended a reprimand and a 10-day suspension of remuneration.

The Integrity Commissioner investigated a formal complaint against Ottawa City Councillor Rick Chiarelli by a former employee.

The complaint alleged multiple instances of sexual harassment and inappropriate conduct.

The Commissioner found two allegations substantiated: that the Respondent provided the Complainant with a revealing shirt and expected her to wear it to a work event, and that he offered to pay her to perform sexual acts on random men at nightclubs.

The Commissioner concluded that the Respondent knowingly exploited the power dynamic of the employer/employee relationship, breaching Sections 4 (General Integrity) and 7 (Discrimination and Harassment) of the Code of Conduct.

The Commissioner recommended a 90-day suspension of remuneration and a public apology.

The Integrity Commissioner investigated approximately 80 complaints against a municipal councillor regarding tweets referring to COVID-19 as the 'Chinese Flu' and 'China Virus'.

The Commissioner rejected the councillor's freedom of speech defense, finding the tweets to be racist and inappropriate for a public figure.

The Commissioner recommended that the councillor remove the offending tweets, issue a public apology, and attend diversity and inclusion training, failing which a 60-day suspension of compensation was recommended.

This integrity commissioner report addressed two formal complaints by former staff members alleging sexualized interview conduct, harassment, intimidation, and manipulation by a municipal councillor.

The report applied the balance of probabilities standard and a similar fact evidence framework, relying on sworn witness evidence, documentary records, and the respondent’s public denial after he declined to participate in the inquiry.

The decision-maker found that the respondent repeatedly objectified female staff, fostered a toxic and fear-based workplace, and breached Sections 4 and 7 of the municipal Code of Conduct in relation to both complaints.

Section 10 was held inapplicable on the interpretation adopted.

The report recommended consecutive 90-day suspensions of remuneration and further governance restrictions.

The Complainant alleged that the Mayor contravened the municipal Code of Conduct by using a racial slur during a committee meeting and by engaging in harassment depicted in a group photograph.

The Integrity Commissioner discontinued the investigation into the photograph because no individual present or involved in the photo had complained.

Regarding the committee meeting, the Integrity Commissioner found that the Mayor's use of the term 'Indian giver' was inappropriate and wrong, noting that the Mayor had acknowledged the error and apologized.

The Commissioner recommended that Council provide an opportunity for a formal apology and schedule anti-racism education for Council members.

The Integrity Commissioner for the City of Brampton investigated a complaint against Councillor Gurpreet Dhillon regarding allegations of sexual misconduct during a city-funded trade mission to Turkey.

The Complainant alleged that Councillor Dhillon sexually assaulted and harassed her in her hotel room.

After reviewing documentary evidence, including an audio recording of the incident, and conducting interviews, the Integrity Commissioner found that Councillor Dhillon sexually harassed the Complainant, violating the City's Respectful Workplace Policy and Rules 14, 15, 18, and 19 of the Code of Conduct.

The Commissioner recommended a 90-day suspension without pay, a formal reprimand, a formal apology, and other remedial actions restricting his privileges and access.

The Integrity Commissioner investigated three formal complaints against a City of Ottawa Councillor regarding his conduct during job interviews.

The complainants alleged that the Councillor made inappropriate and sexual comments, including asking if they would go bra-less or consider stripping, and showed inappropriate photographs.

The Councillor denied the allegations publicly but refused to participate in the investigation.

The Commissioner found the complainants credible and concluded that the Councillor breached Sections 4 and 7 of the Code of Conduct.

The Commissioner recommended a 90-day suspension of remuneration for each of the three complaints.

The Complainant, a former police sergeant suffering from PTSD treated with medical cannabis, filed a Code of Conduct complaint against the Respondent, a Regional Councillor.

The complaint alleged that the Respondent made an inappropriate joke regarding the Complainant's medical cannabis use at a Police Services Board meeting.

The Respondent acknowledged the comment, admitted it was insensitive, and issued an immediate apology.

The Integrity Commissioner concluded that while the comment was uncalled for, the immediate apology and the circumstances did not warrant a formal finding of contravention.

The report was presented to Regional Council to serve as a public record without a finding of contravention.

The Complainant alleged that Councillor Ernie Peplinski breached the Township's Code of Conduct by making discriminatory and harassing comments during a committee meeting regarding the Complainant not being from the local area.

The Complainant also alleged reprisal and a breach of the Code for the Respondent accepting legal representation from the Township's lawyer.

The Integrity Commissioner found that the comments about the Complainant's lack of local roots did not constitute discrimination based on "place of origin" under the Human Rights Code, as place of origin refers to an inherent characteristic from birth, not current residence or length of time in a community.

The Commissioner also dismissed the harassment, reprisal, and conflict of interest allegations, finding no breach of the Code of Conduct.

The Peel Regional Police Services Board filed a complaint against Regional Councillor Carolyn Parrish regarding text messages she sent to the Board Chair.

The messages criticized the promotion of a Black female officer to Deputy Chief, suggesting the promotion was based on race and gender rather than merit.

The Integrity Commissioner found that the statements constituted discrimination under the Human Rights Code and breached the Peel Code of Conduct by disparaging the officer and impugning the Board's promotion practices.

The Commissioner recommended a 5-day suspension of pay and sensitivity training.

The Integrity Commissioner investigated a complaint against a municipal councillor regarding racially insensitive comments made in an email exchange and a subsequent television interview.

The complainant alleged the councillor's remarks about 'white people' and 'native people' violated several provisions of the Council Code of Conduct.

The Commissioner found that the Code's 'Key Principles' could not be independently breached, and that Rule 13 did not apply.

However, the Commissioner concluded that the councillor failed to conduct himself with appropriate decorum, contravening Rule 15.

The Commissioner recommended that City Council accept the report and the finding of a Rule 15 violation, noting the councillor had already issued a public apology.

The Integrity Commissioner investigated a complaint against a municipal councillor alleging sexual harassment by a former employee.

The investigation revealed a prior similar complaint from another municipal employee.

The Commissioner found that the councillor's inappropriate comments to both women made them feel belittled and disrespected, constituting sexual harassment and violating the Council Code of Conduct.

The Commissioner recommended that the municipal council suspend the councillor's compensation for 30 days, with potential further 30-day suspensions (up to 90 days total) if the councillor failed to complete mandatory workplace harassment training under the Occupational Health and Safety Act and the Accessibility for Ontarians with Disabilities Act.

The Integrity Commissioner investigated a complaint against Deputy Mayor Michael Di Biase alleging sexual assault, sexual harassment, and reprisal.

The Commissioner declined jurisdiction over the sexual assault allegations as they were criminal in nature.

The Commissioner found that the Respondent breached Rule 14 of the Code of Ethical Conduct by sexually harassing the Complainant, creating an intimidating and offensive work environment.

The reprisal allegations were dismissed due to insufficient evidence linking the Respondent to the surveillance of the Complainant.

The Commissioner recommended a reprimand, a 90-day suspension of remuneration, and other corrective actions.

A resident filed a complaint alleging that the then-Mayor violated the Code of Conduct for Members of Council by using racial slurs on two occasions.

The Integrity Commissioner found that the Mayor breached Article XIV of the Code of Conduct by making abusive and harmful statements in the presence of his staff.

Given the Mayor's admission, cooperation, and planned formal apology to Council, the Commissioner recommended no further remedial action.