by S. Pieters, B.A
The Ministry of Correctional Services has continuously violated the human rights of racial minority Correctional Officers, particluarly African Canadians, with impugnity. When staff members file human rights complaints in respect to the violation of their rights, these case are always dismissed on the basis that the cases should be grieved through the Collective Agreement and Arbitrated.
In one exceptional instance, the Mckinnon case, where a Board of Inquiry was called under the Human Rights Code, it found that Mr. Mckinnon was called "Wagon Burner", "Tomahawk", "Running Bear", "Crazy Horse", and "Big Canoe". McKinnon also experienced co-workers wearing headbands with feathers (which had been distributed by the Respondent Geswaldo) greeting him with "war whoops, dancing and laughter". He found himself being compared to an intoxicated elderly native inmate being checked into the institution by the Respondent James. It was suggested behind his back that he would "be out to scalp co-workers" Unflattering cartoons depicting the complainant were posted in the institution.
Read the Toronto Star coverage of the McKinnon decision
The Board found that other employees of the Metro Toronto East Detention Centre including A. Weekes, Mark Daley, Derek Miller et. al faced similar racist behavior and name calling. Officers were called names such as "Chink", Nigger", "Paki", "Wop", "Filipino Dog Eater". Mr. Pickett, a disabled officer, was told by a co-worker that "we may still invite you to join the Aryan Brotherhood despite your obvious disability". The Ministry is now appealing the decision of the board of inquiry in Mr. McKinnon's case.
Similarly at the Toronto (Don) Jail employees including A. Simon, C. Grimmond, A. Fernandes, and S. Pieters has had to work in an poisoned environment where "KKK" sings and other forms of white supremacy is condoned and tolerated by management. Operations Manager Alex Sills in an occurrence report to the Superintendent of the Jail, Kevin Cowie, noted correctly that while "this issue keeps surfacing from time to time... there was no final statement issued from an administrative stand point. If not handled properly and swiftly a matter of this magnitude could be have serious reprecussions on the inmate population and the staff's ability to function effectively." In response to Mr. Sills pleading, the Superintendent Kevin Cowie wrote a letter admitting that "on three recent occasions racist graffiti has been scratched into the walls in the vicinity of the elevators." What has the administration done in response to this? Nothing. No investigation was launched nor was the hate crimes unit of the Toronto Police Service called in.
The cases of McKinnon, Miller, Daley, Fernandes, Simon, Weekes, Lumley, Welch, Pieters and many other racial minority Correctional Officers signals the need for some legal action to be taken against the Ontario Human Rights Commission for allowing the Ministry of the Solicitor General and Correctional Services to violate the equality rights of its staff members with impugnity.
A report into the "correctional culture" was recently prepared by the consulting firm Coopers and Lybrand for the Ontario Ministry of the Solicitor General and Correctional Services. The 55-page report outlines systemic morale problems among correctional staff, including harassment, many of which are traced to bad management practices. The report stated that the Ministry "has real problems and issues which will grow worst over time if not addressed in the near future."
If the Human Rights Commission was doing its job - and it is our position that it isn't - the Ministry would not have gotten away with maintaining a poisoned work environment and ignoring decade old complaints and grievances from racial minority Correctional Officers.
Premier Harris stated that Officials of the Ministry found guilty of racial harassment will be fired. We are calling on the Premier to dismiss Geswaldo, James, and Hume, from the public service for subjecting McKinnon to years of human rights abuse.
We are also calling on the Government of Ontario to implement the recommendations of the Commission on Systemic Discrimination in the Criminal Justice System and the Recommendation from the Report into the Workplace Culture of Correctional Institutions.
Independent Investigations Unit (the IIU)
The Independent Investigations Unit of the Ministry of Correctional Services is responsible for enforcing the Workplace Discrimination and Harassment Prevention (WDHP) Directive and Guidelines.
The government's WDHP Directive is one of a series of Human Resources Directives and Guidelines issued by MBS [Management Board Secretariat]. Directives explain human resource practices that must be followed across the Ontario public service, and Guidelines outline best practices and procedures to help human resource professionals manage effectively.One of the objectives of the WDHP Directive is "to provide the principles and mandatory requirements essential to creating a work environment that is free from discrimination and harassment." The Directive applies to all employees appointed under the Public Service Act, and covers all "employment-related discrimination and harassment, except systemic discrimination." According to the Guidelines which accompany the Directive, "the [Directive] applies to discrimination in any aspect of employment..."
The Independent Investigations Unit of the Ministry of Correctional Services needs to be restructured in order to work for complainants.
The haphazard manner in which the WDHP investigation is conducted has left much to be desired since allegations of racial discrimination at the jails remains unaddressed.
At the present time the office of the Ombudsman under the Ombudsman Act has notified the Deputy Minister of the Ombudsman's intention to investigate concerns in respect of the WDHP investigation into allegation of racial discrimination, racial harassment and the existence of a poisoned environment at the Toronto Don Jail and the Toronto East Detention Centre.
The Ombudsman's investigation remains ongoing and may result in findings that the WDHP investigation was improperly conducted, the delay was unreasonable and the decision to close the files was inadequate along with recommendations to rectify any flaws in the WDHP investigation process. This in turn may result in the WDHP investigation being reopened.
Please visit the Homepage for updates on the above noted cases.
STATISTICAL DATA ON COMPLAINTS AGAINST THE MINISTRY OF THE SOLICITOR GENERAL AND CORRECTIONAL SERVICES BETWEEN 1990 - MARCH 1996 | Sign Guestbook ||