Letters and Editorials 3391 Views by Michael

Ontario Provincial Police fights multi-million dollar lawsuit







Recently the Office of the Ontario Ombudsman released a substantive and well documented report regarding the Ontario Provincial Police (OPP) and their lack of care towards employees dealing and suffering from Post-Traumatic Stress Disorder.

That report only touches on a rather alarming reality that the public will find shocking and a reality that will explain why there are so many complaints about the abuse of power and violations of rights of employees under the Human Rights Code that in turn contribute to employees being diagnosed with Post-Traumatic Stress Disorder.

At the time of the release of that report there was an application before the Human Rights Tribunal of Ontario (HRTO), namely Michael Jack versus the Ontario Provincial Police. The application was in its hearing stages that were set to continue on November the 1st, 2012, for five consecutive days since it got adjourned after day three in May of 2012. The application alleged numerous violation of the Human Rights Code by the Respondent OPP.

Prior to the start of the hearing in May of 2012, there was a case conference that was held via a teleconference call. Its purpose was to determine the scope and procedural direction of the hearing. At this case conference the Tribunal determined that similar fact evidence and systemic discrimination would not be allowed at the hearing. The Tribunal also determined that the hearing was not to be about damages in Tort. As a result of these setbacks Mr. Jack hoped that the only place for justice would be by way of a Statement of Claim at the Superior Courts of Justice. He believed that, being that the judicial process chosen by his then learned counsel was the appropriate place for him to receive some justice he would have to follow the application through to the end of the hearing and hope for ruling to be made in his favor and use that ruling as a basis to launch an action in the Superior Courts whereby he could truly hope to achieve an appropriate remedy.

However, at the start of day four of the hearing which was on November the 1, 2012, mediation was entertained by the strong advice of the presiding Vice Chair. It was at this mediation session that Mr. Jack and his representative learned that the appropriate place for his case should have been via a Statement of Claim. That very day his representative began preparing a Claim and it was filed at the Superior Court of Justice in Toronto on December the 21, 2012 (CV-12-470815). A formal request for an order from the Tribunal to have the current application deferred until the disposition of the Claim was submitted to the Tribunal shortly after the 21st of December, 2012.

In the Claim Mr. Jack was able to pour out his heart about everything that had occurred to him during his brief tenure at the Peterborough Detachment of the OPP. The information regarding the Claim deals with Defamation by Libel and Slander.

The Claim also deals with how acts contrary to the Criminal Code of Canada played a role in laying a foundation of contempt towards Mr. Jack at the Peterborough Detachment of the OPP. This contempt turned into a lack of respect and utter disdain towards Mr. Jack from many of the personnel at the detachment. The continued defamation then fostered hatred towards him to the point that he was viewed as an undesirable and even formerly accused of associating with undesirables. This very act is something that Mr. Jack will never forgive the OPP for and not even the largest settlement in history would mend the pain that this act of defamation caused him. The Undesirables that the OPP was referring to were two Albanians that are Canadian citizens and happened to have some form of involvement with criminal activity.

NO CANADIAN DESERVES TO BE REFERRED TO AS AN UNDESIRABLE ESPECIALLY BY THE ONTARIO PROVINCIAL POLICE.

Furthermore, on January 3rd, 2013, Notice was served on the Government of Ontario pursuant to the Proceedings against the Crown Act that 60 days from the date of service of the Notice an amendment will be made to the Claim identifying the Government of Ontario as a defendant as well.

It is the firm belief of Mr. Jack and Mr. Tapp that as more victims come forward the potential of this Claim becoming a Class Action will be real.

More information about the case and the victims is available on the following websites:

 www.racisminopp.org

 www.discriminationopp.org

 

 

 

 


Comments

There are 0 comments on this post

Leave A Comment