Greater Toronto Story: Jail was `poisoned' by racism, panel says

May 7, 1998

SAL SACCO FOR THE TORONTO STAR

FOUGHT BACK: Mike McKinnon, at home near Brooklin, north of Whitby, has battled for 10 years to get his complaint of racial discrimination resolved. A human rights board of inquiry has ruled in his favour.

Jail was `poisoned' by racism, panel says

By Kellie Hudson
Toronto Star Queen's Park Bureau

A jail guard at the Metro East Detention Centre was denied promotions and subjected to racial slurs by his superiors, a human rights report says.

While at work, Mike McKinnon, who is of aboriginal ancestry, was called ``Chief, Wagon Burner, Crazy Horse, Tomahawk,'' the board found.

He was greeted with ``war whoops, dancing and laughter,'' and with ``co-workers wearing headbands with feathers.''

Metro East ``was poisoned by racial harassment and discrimination,'' the Human Rights Commission Board of Inquiry said in its report, released April 28.

Four senior managers were named, based on two complaints laid by McKinnon in 1988 and 1990.

``It's a corporate mindset,'' McKinnon said yesterday at Queen's Park, where he was calling on the government to clean up the corrections ministry.

`I'm ostracized by some staff. I'm targeted by managers. Not only am I the brunt of differential treatment, but my wife has borne a lot of that. It's knowing that at this age, that our careers are both ruined.'

- Jail guard Mike McKinnon

He wants those involved to be fired and for employment equity laws to be brought back to protect employees from workplace discrimination.

``It's disgusting what is allowed to continue in these facilities,'' said McKinnon, 42.

Metro East, at Warden and Eglinton Aves., is one of eight provincial jails in Greater Toronto. It has 160 guards.

The board of inquiry ordered four supervisors, Frank Geswaldo, George Simpson, Phil James and Jim Hume, to pay a total of $20,000 to McKinnon for mental anguish.

The board also ordered:

Compensation for McKinnon as a result of lost time at work due to stress.

That Geswaldo be moved to a different institution.

Job promotions for McKinnon and his wife, Vicki, also a guard at Metro East.

That the corrections ministry, at its own expense, set up a human rights training program within six months.

That the inquiry findings be attached to the pay stubs of all employees at the detention centre.

The board also found that other employees faced similar racist behaviour and name calling.

Officials with the ministry of the solicitor-general and correctional services are reviewing the report, said spokesperson Ross Virgo.

``Harassment and discrimination are not tolerated,'' he said.

Metro East superintendent Carl DeGrandis said he couldn't comment on the specifics of the report; he received it only last Friday. He did say staff morale is similar to that anywhere else.

Three of the four men named in the report are still employed by the ministry.

James, operational manager at Mimico Correctional Complex, said he had no comment on the board's findings.

``Yes, I'm aware of it,'' he said. ``I really don't have to talk to you about much.''

Geswaldo, who is operational manager at Metro East, had nothing to say. Hume, superintendent at the Owen Sound Jail, could not be reached.

Simpson, now retired, is upset that he wasn't even called to testify before the board of inquiry.

``You could write a book on what I could tell you about Toronto (Metro) East,'' said the resident of London, Ont. ``But I don't want to comment until I read whatever the report has to say.''

Simpson was suspended for his involvement as superintendent when 40 teenagers were allegedly beaten at Elgin-Middlesex Detention Centre in 1996.

The youths had been transferred after a riot at the Bluewater Youth Centre in Goderich during a strike by Ontario's civil servants, including provincial jail guards.

Simpson was subsequently reinstated, and then retired.

McKinnon laid an initial complaint of racial discrimination in 1988.

He followed it up in 1990, alleging further incidents of harassment, as well as claiming that he had been denied promotions because of his first complaint.

It took a decade for the case to be resolved because the Ontario Human Rights Commission is underfunded, and because the government failed to co-operate fully, said McKinnon's lawyer, David Wright.

Although a human rights tribunal is like a court of law, and its orders must be followed, McKinnon isn't hopeful.

He said nothing has changed; the racial slurs are just more subtle. Conditions are still difficult at the facility, where he has worked since 1977.

``You're second-guessing yourself,'' he said. ``I'm ostracized by some staff. I'm targeted by managers. Not only am I the brunt of differential treatment, but my wife has borne a lot of that.

``It's knowing that at this age, that our careers are both ruined. I hope that somebody can benefit from this further down the line.

``I hope that Mr. Harris does look at it seriously and is able to deal with the issues.''