Ontario Court of Apeal Upholds Racial Discrimination Ruling Against Peel Law Association Librarian

Lawyer Selwyn Pieters, lawyer Brian Noble and law student Paul Waldron on May 16, 2008, outside the Brampton Courthouse.
On June 13th, 2013, the Ontario Court of Appeal released an important decision in the Peel Law Association vs Selwyn Pieters Case about racial profiling. The decision by the Court of Appeal of Ontario upheld the original Human Rights Tribunal of Ontario decision.
The Urban Alliance on Race Relations 2007 Race Relations Awards Winner Selwyn Pieters has won an important decision that sets a new standard on racial profiling in the province of Ontario, Canada and perhaps around the world.
Congratulations Selwyn!
By way of background, Lawyer Selwyn Pieters, along with his legal colleague Brian Noble and law student Paul Walrond were at the Peel Law Association Lounge on May 16th, 2008. At the Peel Law Association lounge, they were singled out and demanded to produce identification to verify that they were lawyers while at the Brampton Courthouse.
The two lawyers and their law student were over-scrutinized, unfairly targeted, racialized and subjected to racial profiling. The case was taken to the Human Rights Tribunal where they won. Peel Law Association took the case to the Lower Court and the Human Rights Tribunal Decision was overturned. The case was then taken to the court of appeal which correctly upheld the decision of the Ontario Human Rights Commission.
To read about the decision first hand from Lawyer Selwyn Pieters, please visit his blog at http://selwynpieters.blogspot.ca/2013/06/peel-law-association-v-pieters-2013.html
Also read the court decision which is available online at
http://www.ontariocourts.ca/decisions/2013/2013ONCA0396.pdf
The Urban Alliance on Race Relations believes that the court decision is an important step in preserving and protecting the right to be free from discrimination, harassment, social exclusion in all areas of life in Ontario.
Thanks to these courageous lawyers for taking back their rights from those who sought to racially profile them.
Honouring Fred Upshaw
The Urban Alliance on Race Relations attended the Bromley L. Armstrong Award Dinner on Friday May 3rd, 2013. Held 2-days after the internationally commemorated May Day (May 1st known globally as Labour Day), the Bromley L. Armstrong Award “was established by the Labour Council in 2005 to celebrate the life and achievements of Bromley Armstrong, a pioneer labour and human rights activist”. (Source: tyrlc.ca).
This year’s award recipient, Fred Upshaw, is the first African-Canadian to have led a major labour union. Mr. Upshaw was president of the Ontario Public Service Employees Union (OPSEU) from 1990 to 1995.
At the dinner, Fred Upshaw and his leadership journey were celebrated. Congratulations Mr. Upshaw!
We also heard from Bromley Armstrong of the early struggles to make Canada an inclusive country for people of all diversities. We heard civil rights narratives of how Bromley Armstrong, Ruth Lor Malloy, Hugh Bennett and others ‘tested’ the Fair Accommodations Practices Act in Dresden Ontario in the 1954. In 1954, they entered a restaurants in Dresden, Ontario and the business establishments refused to serve them. At that time, the Toronto Telegram and other media outlets provided coverage of their experiences of discrimination in not receiving services and placed the spotlight on some of the discriminatory practices that existed in the service industry and other business establishments. See also Hugh Bennett’s Epic Struggle
Mr. Bromley Armstrong also spoke of his experiences as a member of a delegation that led a trip to Ottawa in the 1960s and met with the Federal Government (and Minister of Immigration) to advocate successfully a change to the restrictive immigration policies that existed at that time towards racialized peoples, which limited their entry into Canada, and into the types of jobs that they did once they arrived here.
It was a great opportunity to hear of the struggles, strategies and triumphs of these early leaders and how their successes transformed our society into a fairer and more inclusive place.
Bromley Armstrong, Ruth Lor Malloy and Fred Upshaw (seated to the left) |
Gary Pieters, Bromley Armstrong, Sharon Simpson, and Nigel Barriffe |
Ruth Lor Malloy and Bromley Armstrong |
Nigel Barriffe, Ana, Faduma Mohammed, Sharon Simpson and Gary Pieters at table sponsored by Labour and Community Services |
Community Benefits Agreements
On Sunday April 30th, the Urban Alliance on Race Relations (UARR) Labour & Civic Leaders met with Patricia Castellanos from Los Angeles Alliance for a New Economy (LAANE) to hear her insights on Community Benefits Agreements.
LAANE is a leading advocacy organization dedicated to building a new economy for all. Combining dynamic research, innovative public policy and the organizing of broad alliances, LAANE promotes a new economic approach based on good jobs, thriving communities and a healthy environment. – laane.org
During her visit to Toronto, Patricia Castellanos was able to share information on various strategies that are used in Los Angeles to build healthier communities and foster sustainable jobs.
We also heard of efforts to secure Community Benefits Agreements for Metro Linx transit expansion; redevelopment/revitalization of the Toronto Community Housing Corporation among other initiatives.
The Urban Alliance on Race Relations was recently granted leave to intervene at the Supreme Court of Canada in the case Schaeffer/Minty et. al.
Submissions were made in this landmark case at the Supreme Court of Canada on Friday April 19, 2013. The hearing pertained to police investigations and notetaking, and whether the investigation notes of a police officer should be vetted by a lawyer prior to being formally documented in their note keeping records.
Our reason for this application is that “the issues raised in this appeal relate to procedures in Special Investigations Unit (SIU) investigations and are central to the system of police accountability and oversight” in Ontario.
Schaeffer/Minty et al. v. Wood et al. at the Supreme Court of Canada
SCC Case Information Docket – 34621 http://www.scc-csc.gc.ca/case-dossier/cms-sgd/dock-regi-eng.aspx?cas=34621
SCC Case Information http://www.scc-csc.gc.ca/case-dossier/cms-sgd/sum-som-eng.aspx?cas=34621
Schaeffer v. Wood, 2011 ONCA 716 (CanLII) http://www.canlii.org/en/on/onca/doc/2011/2011onca716/2011onca716.html
Top court to hear battle over police using lawyers to vet incident notes http://www.calgaryherald.com/news/court+hear+battle+over+police+using+lawyers+incident+notes/8261582/story.html The Canadian Press
Supreme Court Case about Lawyer-vetted Police Notes http://storify.com/Ont_Ombudsman/supreme-court-case-about-lawyer-vetted-police-note?utm_campaign=&utm_content=storify-pingback&utm_medium=sfy.co-twitter&utm_source=t.co&awesm=sfy.co_t4s8 Ont_Ombudsman Tweet Roundup on Storify
Schaeffer v. Wood, 2011 ONCA 716 (CanLII) http://www.canlii.org/en/on/onca/doc/2011/2011onca716/2011onca716.html
Top court to hear battle over police using lawyers to vet incident notes http://www.calgaryherald.com/news/court+hear+battle+over+police+using+lawyers+incident+notes/8261582/story.html The Canadian Press
Supreme Court Case about Lawyer-vetted Police Notes http://storify.com/Ont_Ombudsman/supreme-court-case-about-lawyer-vetted-police-note?utm_campaign=&utm_content=storify-pingback&utm_medium=sfy.co-twitter&utm_source=t.co&awesm=sfy.co_t4s8 Ont_Ombudsman Tweet Roundup on Storify
Supreme Court Case about Lawyer-vetted Police Notes http://storify.com/Ont_Ombudsman/supreme-court-case-about-lawyer-vetted-police-note?utm_campaign=&utm_content=storify-pingback&utm_medium=sfy.co-twitter&utm_source=t.co&awesm=sfy.co_t4s8 Ont_Ombudsman Tweet Roundup on Storify
More to come.
Making Noise @Humber Year One Feedback Survey
Making Noise @Humber Year One Feedback Survey
Click on the link to complete the Survey https://www.surveymonkey.com/s/97SCKFP
The survey is available online until April 19th, 2013 and is intended for the following partners:
- Humber Student’s Federation (HSF)
- Student Committee
- Advisory Committee
- Humber Student
- Humber Staff
- Other (please specify)
Thank you for participating in the first year of the Making Noise @Humber project. The goal of the project is to address and prevent Gender-based Violence at Humber College through the engagement of students, faculty, administration, staff and the community.
We would appreciate it if you took 5-10 minutes to complete this short 10 question feedback survey. It will help us understand what we are doing right, and what we could be doing better. The survey is completely anonymous and will be used to provide us with insight as we move into the second year of the initiative.
For more information on the project please visit http://urbanalliance.ca
Related
- http://www.swc-cfc.gc.ca/med/news-nouvelles/2012/1114-14-eng.html Government of Canada Takes Action to End Violence against Women and Girls on University and College Campuses
- http://humberlife.com/humberlife/humbers-going-to-make-noise/ Humber’s Going To Make Noise
- http://www.humber.ca/news/humber-fights-violence-against-women Humber fights violence against women
- http://thecaribbeancamera.com/?p=1161 Meanwhile, the UARR is involved in a number of other projects according to its president. “We have a 28-month gender-based violence prevention project in partnership with Humber College, that’s ongoing.
- http://web.studentportfolios.ca/~humberjournalism.com/humbernews/violence-against-women-focus-of-humber-campaign/ Violence against women focus of Humber campaign
- http://www.swc-cfc.gc.ca/account-resp/pd-dp/dgc-dsc/2011-2012/gc-sc-642-eng.html This 28-month project will address the issue of violence against women on the Humber College campus by conducting a gender-based analysis of its current policy, procedures, and practices against violence on campus. Based on the findings of the analysis and with the involvement of the college’s administration and stakeholders, a plan and instruments to address the issues and concerns revealed in the study will be developed. Students will also be involved in creating media pieces targeting on-campus service providers and institutions including campus pubs and student residences.
Application of Issue Estoppel and Police Disciplinary Proceedings in Penner v. Niagara, 2013 SCC 19
On April 5th, 2013, The Supreme Court released its decision in the Penner v. Niagara Regional Police matter.
Penner took the matter to The Supreme Court of Canada and was successful!
The Supreme Court in a 4-3 decision found that the circumstances ought not to give rise to issue estoppel.
The Urban Alliance on Race Relations served as a public interest intervener in the Penner v. Niagara matter at the Supreme Court of Canada represented by Stevensons lawyers Maureen Whelton and Richard Macklin http://stevensonlaw.net/sevensons-on-successful-side-at-supreme-court-of-canada/.
The majority of the Court held that the appellant’s administrative complaint against the police did not preclude a civil action for damages. The Court’s decision is of broad importance in that it articulates the law of issue estoppel as it relates to administrative decision makers. Stevensons lawyers Maureen Whelton and Richard Macklin acted for the intervener Urban Alliance on Race Relations. – StevensonsLLP
Penner v. Niagara (Regional Police Services Board), 2013 SCC 19 (CanLII)
Read full details of the Supreme Court of Canada Penner decision here
SCC Case Information Docket – 33959
Related
UARR 2012-2013 Annual General Meeting
Thanks to everyone for your support. The UARR Annual General Meeting/Public Forum was a successful event because of your engagement and participation!
UARR AGM March 21 2013: Slideshow Photo Credits: Kieran Zierer-Clyke
Bromley Armstrong, Ruth Lor Malloy and Fred Upshaw (seated to the left)
Gary Pieters, Bromley Armstrong, Sharon Simpson, and Nigel Barriffe
Ruth Lor Malloy and Bromley Armstrong
Nigel Barriffe, Ana, Faduma Mohammed, Sharon Simpson and Gary Pieters at table sponsored by Labour and Community Services











