By Selwyn A. Pieters, B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)
Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Posted on February 4, 2013
The Reconsideration Decision of the Human Rights
Tribunal in 2009-04368-I Taylor-Baptiste v. Ontario Public Service Employees Union 2013 HRTO 180 was released by Associate Chair David A. Wright on Friday
afternoon refusing to reconsider an earlier decision Taylor-Baptiste v. Ontario Public Service Employees Union, 2012 HRTO 1393. This case deals with the emerging issue of competing rights being dealt with
by the Courts and Tribunal. In this case it involved sexist stereotypes of a
female manager by a male union president at the Toronto Don Jail. The Tribunal
found that the use of sexist or any other stereotypes does not deminish the
importance of political expression.
This decision will be
the subject of the great debate. However, much more than that it fundamentally
affects the term of engagement for persons who are the subject of negative
racist or sexist stereotypes. This decision considerably narrows the scope of
rights available to aggrieved parties in the Human Rights Code.
The Applicant and the Ontario Human Rights Commission presented all the arguments that should have persuaded the Tribunal to reconsider, however, it simply determined it will not in the circumstances of this case.
Readers will be advised whether this case will be taken to Divisional Court for Judicial Review.
The Applicant and the Ontario Human Rights Commission presented all the arguments that should have persuaded the Tribunal to reconsider, however, it simply determined it will not in the circumstances of this case.
Readers will be advised whether this case will be taken to Divisional Court for Judicial Review.
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