Police in compliance with harassment rules, internal review finds
Complainant’s lawyer calls ruling ‘a cruel joke’
A Toronto police internal review of its sexual harassment policies, commissioned in response to a veteran female officer’s complaints of a “poisoned” workplace, has concluded the force is in compliance with industry best practices and current legislation.
But the review is being called “a cruel joke” on sexual harassment victims by the lawyer for Toronto police Sgt. Jessica McInnis, who filed a detailed complaint to Ontario’s Human Rights Tribunal late last year alleging harassment, discrimination and a “culture of sexism” within her former police division.
“There is no mention of the unforgiving trauma and crippling financial ordeal a victim must undergo to seek justice,” Barry Swadron said Friday.
In a report to the Toronto police board released Friday, police Chief Mark Saunders summarized recent action to combat and prevent sexual harass- ment, saying the service is committed to providing all members with an “expectation for zero tolerance of workplace harassment, including sexual harassment.”
The review was commissioned by the police board this year, following McInnis’ complaint and what former board member Shelley Carroll said were numerous calls to her office with similar allegations.
Carroll, who initiated the review, previously told the Star she wanted to act quickly, knowing it could take years for McInnis’ complaint to work its way through the tribunal.
That complaint made specific allegations of sexual harassment against McInnis’ police partner and also about the work environment within her former police detachment, saying there was a “general culture of sexism.”
Similar allegations had previously
been brought to the human rights tribunal by another female officer, Const. Heather McWilliam, who alleged she heard sexual or sexist comments during every shift of her seven years with the service.
According to Saunders’ report, the Toronto Police Service is in compliance with provincial obligations established in 2016 through amendments to Ontario’s Occupational Health & Safety Act, which included new requirements for employers concerning sexual harassment.
In response, the police board updated its occupational health and safety policy to include sexual harassment in the defini- tion of workplace harassment and the police service amended its workplace harassment procedure. Changes were communicated to the service via what’s called a “routine order.”
“The routine order describes changes to definitions to specifically include sexual harassment under the workplace harassment umbrella, and added provisions explicitly prohibiting reprisal and addressing confidentiality as per the regulatory changes,” the report states.
There are also procedures outlined to all members, including detailed responsibilities and instructions related to the reporting of workplace harassment, and “clear expectations about freedom from re- prisal for members who report harassment.”
Saunders’ report also states that there is ongoing training on the topic of sexual harassment, including through the frontline supervisor training courses delivered at the Toronto Police College. There was also a presentation in December 2017 to senior officers on zero tolerance of workplace harassment. “The comprehensive seminar detailed employer obligations and the importance of eliminating these behaviours from the workplace,” the report states.
That same month, McInnis came forward with her allegations against her former partner, Det. Mark Morris, claiming that he called her vulgar and demeaning names and sent her reams of sexist or sexual messages. Morris has denied the allegations through his lawyer.
McInnis also alleged that repeated complaints to her superiors were fruitless.
One senior officer told McInnis she should be tough enough to withstand the behaviour, according the complaint filed last year.
“She didn’t want to rock the boat, so she was really reluctant to complain because chances are she would become a pariah if she complained and the rest of the team would see her as an outsider,” Swadron said Friday. “She tried to live with it until she could no longer live with it.”
McWilliam’s complaints are in regards to the work environment within 23 Division in North Etobicoke, her former police detachment. Filed in 2014, her complaint is being heard by the Ontario Human Rights Tribunal.
This month, a now-retired former staff sergeant denied various allegations of sexual harassment made by McWilliam against him and other male superiors, including that he commented on her weight and wardrobe when the two worked together.
Saunders’ report will be discussed at Thursday’s board meeting.