Human rights complaint over swim attire rules
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.