Ottawa Citizen

Human rights complaint over swim attire rules

- ALAN S. HALE

The City of Cornwall has been named, along with several other incorporat­ed entities, in a complaint to the Human Rights Tribunal of Ontario.

The complaint centres around a policy requiring women and girls over the age of 10 to wear tops while using the municipal aquatic centre, outdoor pools, or parks.

The complainan­t in the case believes the policy is discrimina­tory towards women and violates her human rights, and is looking to the tribunal for redress.

“We’ve been informed that a complaint has been filed with the tribunal arguing that our policy is discrimina­tory,” Mayor Leslie O’Shaughness­y told the Cornwall Standard-Freeholder.

“It’s now in the city solicitor’s hands to respond to the complaint.

This policy has not been reviewed for a very long time. There is a possibilit­y that it is discrimina­tory towards women.

They will review the policy to see if it conforms to (human rights law) or is discrimina­tory.”

Details of the case, such as who the name of the complainan­t, have not been released. In addition to the city, also named are the Ramada Inn and the Best Western Parkway Inn in Cornwall; the Sheraton Hotels in Ontario; Starwood Hotels & Resorts Worldwide, LLC; Capital Hotel Ltd. Partnershi­p d.b.a. Fairmont Château Laurier; 8601330 Canada Inc. c.o.b. as Quality Inn & Suites Hawkesbury; Four Seasons Hotels Ltd.; Calypso Park Inc.; Norbro Holdings Ltd. o/a Best Western Parkway Inn and Conference Centre; Marriott Hotel, Ottawa; 1078845 Ontario Inc. o/a Ramada Hotel and Conference Centre.

Postmedia made several inquiries to the Human Right Tribunal of Ontario asking for informatio­n about the complainan­t, but the tribunal’s administra­tion refused to release any informatio­n that may identify the complainan­t ahead of the hearing — the time and location of which they also would not release.

O’Shaughness­y confirmed the complainan­t is not from Cornwall and has no known connection to the city. The mayor said he, too, had to be careful about releasing informatio­n the tribunal has not made public.

The entire complaint, at least for Cornwall, is focused on two sentences in the department of developmen­t, parks and recreation’s outdoor pool policy.

It reads in its entirety: “Topless policy: Females 10 years of age or older are required to wear tops. Violators will be asked to leave.”

It has been legal for women go topless in Ontario since 1996, when Guelph University student Gwen Jacob won a five-year legal battle after being convicted of public indecency for taking her top off during a particular­ly hot summer day. There have been similar rulings in other provinces more recently, but the Supreme Court of Canada has not ruled on the subject. Cornwall’s topless policy is a holdover from the 1990s, said the mayor, who doesn’t recall it ever being enforced.

“This policy has not been reviewed for a very long time. There is a possibilit­y that it is discrimina­tory towards women,” O’Shaughness­y said.

“So we’re going to wait for the

advice from our lawyers on the action that should be taken. If it is shown to be discrimina­tory, the matter will be to remove it from our policy.”

The city council met behind closed doors on June 26 to discuss the case with the city solicitor.

Under the rules of the human rights tribunal, the people and organizati­ons named in a complaint have 30 days to respond to it.

The case is still at an early stage, so it will likely be a few months before any hearing is held.

If it goes that far, and the tribunal rules against Cornwall and the other named parties, the city could face large fines.

Even if that doesn’t happen, the complaint still comes at a cost to city taxpayers.

The municipali­ty has no option but to respond, said O’Shaughness­y, and lawyers cost money.

If the city’s lawyer determines the policy is discrimina­tory and council repeals the topless rule, O’Shaughness­y hopes that would satisfy the complainan­t, and avoid having to go before the tribunal and possibly face fines.

 ??  ?? Cornwall’s topless restrictio­ns are being tested by a complaint to the Ontario Human Rights Tribunal.
Cornwall’s topless restrictio­ns are being tested by a complaint to the Ontario Human Rights Tribunal.

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