Pride Hamilton and police headed for mediation after human rights tribunal ruling

Pride Hamilton's discrimination claim against the city and police is moving ahead and appears destined for mediation in the aftermath of a ruling by the Human Rights Tribunal of Ontario.

The Hamilton Police Service and City of Hamilton had argued that the complaint filed by Pride with the Ontario Human Rights Commission - that targets police response to violence at a 2019 Pride event - should be dismissed, in part because Pride is a corporation and not an individual.

But in a decision released Dec. 7, the tribunal ruled that Pride Hamilton deserves standing as a corporation, and rejected a request by the city and police for a summary hearing" on whether the claim should go ahead.

Karen Dawson, the tribunal's vice-chair, cited 2002 case law that says the restrictive definition of person'" should not preclude other kinds of organizations of human beings" from making a Human Rights Code application.

In these circumstances, I find the applicant (Pride Hamilton) has standing to bring the application," wrote Dawson.

Wade Poziomka, a lawyer representing Pride, told the Spectator that his clients are pleased with the tribunal's decision, which confirms that a corporation, like Pride Hamilton, can advance a human rights application to have important issues heard."

City spokesperson Antonella Giancarlo said it is disappointing" the tribunal dismissed their request for a summary hearing.

Pride Hamilton filed its human rights complaint in June 2020. The Spectator reported the group was seeking $600,000 in damages to support initiatives, programs and organizations in the city's two-spirit and LGBTQ communities."

A June 2019 celebration at Gage Park was marred by violence, when homophobic evangelists and white supremacists" crashed the Pride event brandishing anti-LGBTQ signs, reported The Spec, that led to kicking, punching, and shoving."

Pride Hamilton's complaint alleges police discriminated against the organization on the basis of sex, sexual orientation, gender identity, and gender expression by not protecting celebrants during the gathering."

The ruling said that if the city, police, and Pride agree to participate in mediation in the dispute, they must advise the tribunal in writing of their intentions by Jan. 4. Pride Hamilton had previously agreed to mediation, the tribunal noted, but to date" police and the city have not.

Giancarlo told The Spectator the city elected to wait until the tribunal made its decision on the summary hearing before addressing mediation, and now it is agreeable to mediation and will be notifying the tribunal accordingly."

Police spokesperson Jackie Penman told The Spec that I can confirm that Hamilton Police Service have agreed to participate in mediation."

Poziomka said the next step is engaging with the City of Hamilton and the Hamilton Police Service in good faith to attempt to find an amicable resolution that allows us all to turn the page and work together in the future."

Jon Wells is a feature writer at The Spectator. jwells@thespec.com