Another Toronto officer alleges discrimination in complaint against police association

Another female officer has claimed a culture of systemic discrimination that’s been recognized by the Toronto Police Service is one reason she has been struggling to get support from her association she claims is routinely available to male colleagues.

The officer claims in a duty of fair representation complaint that the Toronto Police Association let her rack up about $45,000 in legal fees to fight for compensation in an injury claim, as Ontario's Ministry of Labour tells CTV News it's going to look into more options for officers who believe they have been discriminated against.

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“She has been sexually harassed. She was assaulted by a male officer, punched in the chest,” said her lawyer, Angelo Sciacca.

CTV News isn’t identifying the officer because of concerns doing so could lead to more harassment. She has gone by “Darya” as a pseudonym.

Sciacca pointed to the Deloitte Report, which was released earlier this year by the TPS that said some 60 per cent of Toronto police employees had witnessed or been victim to sexual harassment.

“The Applicant states that the reason for the TPA’s neglect, non-responsiveness, and arbitrary decision-making arises from the culture documented in the Deloitte Report. The Applicant is female, a member of the Baha’i religion, and of Iranian descent,” the application says.

Darya has filed a human rights complaint against the TPS, alleging that she was punched in March 2011, other officers didn’t do a complete investigation, and enduring assault and harassment from other officers was required to keep her job.

She is joining two others in filing complaints that allege the TPA didn’t represent them properly because it was discriminating against them.

Another complainant is Const. Heather McWilliam, who filed at the Ontario Police Arbitration Commission that she endured years of harassment including from Association representatives, alleging that she was sexually assaulted, that an association representative propositioned her for a threesome and her career was sidelined when she turned him down.

READ MORE: Toronto cop files $30M complaint against police association alleging it sided with sexual abusers

Gary Bennett and Const. Heather McWilliam are seen in this undated image.

The Toronto Police Association has told CTV News that it will “participate in the processes as required and respond in accordance with the rules or orders of the assigned adjudicators,” saying it represents members in a wide variety of processes fairly.

At a police board meeting in June, Toronto Police Chief James Ramer vowed that the Toronto Police Service would follow the recommendations in the Deloitte Report, which include ongoing training for members, reviewing discrimination complaints and investigations, overhauling the human resources department, and improving mental health tools.

“Our challenges go well beyond isolated or rare cases. This is a problem that our own membership says exists and it’s unacceptable,” he said.

The Service is also part of a working group on respectful workplaces in policing with a dozen other police services across Ontario, the Service said in a statement.

A Toronto Police Services logo is shown at headquarters, in Toronto, on Friday, August 9, 2019. THE CANADIAN PRESS/Christopher Katsarov

Ontario's Human Rights Tribunal ruled in McWilliam's favour, and ordered her supervisors at 23 Division to receive training on their obligations to proactively provide a workplace free of sexual harassment.

“The TPS extended this requirement and chose to make this training mandatory for all supervisors and senior officers across the Service. We expect 100 per cent compliance by the end of this year,” the TPS statement says.

Sciacca said that Ontario law stipulates employees in unions or associations must turn to them for help, which is not an option here. He said he has asked the provincial government to change the law and let female officers take their employer or their association directly to court.

“If you want a different outcome, you need a different system,” Sciacca said.

In a statement, Ontario’s Minister of Labour, Immigration, Training and Skills Development said it’s reviewing the concerns Sciacca raised and exploring solutions.

“Sexual harassment is unacceptable in any workplace and everyone should be able to do their jobs in a safe and healthy work environment,” the ministry said in a statement.