First: Okay, let’s get this straight. An employee of the City of Toronto was found not guilty of discriminating on the basis of disability – but the City is still liable for damanges because it didn’t investigate a non-complaint properly.
But adjudicator Kaye Joachim found that tension between Berger and his former boss, Councillor Frances Nunziata, wasn’t related to the man’s disability — a hereditary condition that limits his mobility.
While Nunziata’s alleged conduct toward him was “clearly rude and demeaning,” Berger himself told the city’s human rights office at the time that he did not believe it was linked to his disability, Jochim found.
In conclusion, serial complainers now have a human right to be taken seriously.
Second: Here’s one for a discussion: Is it a universal human right to participate in “same-sex conduct”? I think most Canadians agree that the state doesn’t belong in the bedrooms of its citizens, but does that give us the right to condemn other nations for prohibiting same-sex conduct? The CHRC seems to think so.
NHRIs [National Human Rights Institutions] established in accordance with the Paris Principles are important institutions for addressing the violence and human rights violations – such as laws criminalizing same sex conduct between consenting adults…
Third: Here’s another reason that settlements to human rights complains often cause more problems than they solve; the respondent can be tried, hung, and quartered in the media, aided by the OHRC, without any chance to defend himself, silenced as he is by a confidentiality clause. What’s more, the complaints were tried in two jurusdictions – under both the Police Act and the Ontario Human Rights Act. Unlucky in one, lucky in the other…