During the later part of 2005 and early 2006, the OHRC approached the TPS to include specific public interest remedies as part of the proposed settlement of a number of human rights complaints against the TPS. Specific remedies were proposed covering areas of concern including: policies and procedures; training; human resources; monitoring and accountability and public education.
In response, the TPS and TPSB indicated that organizational change initiatives aimed at protecting and promoting human rights and equity were already underway relating to these areas, and that the specific remedies being sought by the Commission were, in varying degrees, already being implemented.
A committee, composed of representatives of all three parties (OHRC, TPSB and the TPS) met during the spring and summer of 2006 to review change initiatives already underway at the TPS and to discuss possible avenues to resolve outstanding complaints.
It was proposed that a joint working group of the three parties be struck to both support the TPS’s change initiatives and to satisfy the OHRC’s need to ensure the process for change satisfies its public interest concerns. It was agreed that, although there is no requirement to do so, outstanding complaints may be settled with reference to this initiative.
The Human Rights Project aims to provide time limited support to the TPSB and the TPS in their ongoing initiatives aimed at identifying and eliminating any possible discrimination in the hiring and employment of TPS members and in the delivery of services by the TPS. The work required to attain these objectives is described in this document as the “Project”. The Project is for a term of no more than three years unless all three parties agree to extend the term beyond the three year term.
This Project Charter details the agreed upon relationship to be established between the three parties to fulfill these aims. It is acknowledged by all three parties that the Project Charter is a joint undertaking to address the issues identified in this Charter and is not an admission of liability as to those issues by either the TPSB or TPS as it relates to any past, present or future complaints or other legal proceedings against the TPS and TPSB
The Project is not intended to resolve individual complaints filed with the Commission. However, the Project will address the issue of public interest remedies in general.
The Project Charter recognizes the primacy of the Human Rights Code and in no way fetters the statutory powers and duties of the OHRC or fetters the responsibilities of the TPSB and the TPS in the exercise of their statutory duties.
The Project is supported at the highest levels of the three organizations with the Chief Commissioner of the OHRC, the Chair of the TPSB and the Chief of Police (TPS) acting as Project Sponsors.
The joint working group will attempt to achieve objectives by consensus. If consensus cannot be achieved, the issue will be referred to the Project Sponsors for their consideration. In the event that the Project Sponsors cannot reach consensus, the parties will agree to disagree on the particular issue and carry on with the rest of their work.
It is agreed that the TPSB and TPS are owners of their own change process. Both the TPSB and the TPS have statutory responsibilities that cannot be delegated to another authority and, in particular, the role of the Chair of the TPSB as a Project Sponsor shall not be construed as binding the TPSB.
The OHRC’s role will be to provide advice to the TPSB and TPS regarding their ongoing change initiatives, assist in the development of target change objectives, and to report on the progress of the TPSB and the TPS in relation to these initiatives.
An initial list of agreed upon target change objectives is identified as Appendix A to this Charter. Over the course of the Project, amendments to the target change objectives may be appropriate. If all three Project Sponsors agree to a proposed amendment, revised target change objectives will be drafted and added to this Project Charter as Appendices.
The Project will be directed by a Project Sponsor’s Committee made up of the OHRC, TPSB and TPS. The Project Sponsor’s Committee will meet on a regular basis and will maintain the following features/functions:
The OHRC, TPSB and TPS will communicate their activities both within their organizations and to the general public.
OHRC |
TPS |
TPSB |
Chief Commissioner Hall |
Chief William Blair |
Alok Mukherjee, Chair |
Senior Management Committee |
Senior Management Team |
TPSB Members |
OHRC Commissioners |
Counsel & Ethics and Equity Advisor |
Counsel to PSB and Executive Director, PSB |
OHRC Staff Representatives |
Manager – Diversity Management Unit |
Indicator |
How measured? |
When? |
Human rights issues and concerns at TPS are identified and response plans are detailed and implemented |
The Project identifies and reports on issues, responses, and evaluation |
Progressively over 3 years |
Specific human rights issues and concerns are addressed |
Specific measures to be determined |
To be determined by Project |
Human rights complaints processes are running effectively to address human rights concerns within the TPS |
Quantitative and qualitative measures of the effectiveness of the TPS internal and OHRC complaints processes indicate improvement |
Progressively over 3 years |
Public confidence is developed in marginalized and alienated communities |
Public mood and perception assessments indicate improvements in mood and perception |
Progressively over 3 years |
The parties understand the challenges inherent in this Project. For example, change has the potential to create resistance among both internal and external stakeholders. The parties recognize that perceived failure to respond to human rights concerns as a result of this Project has the real potential to further frustrate communities and groups alienated from the TPS.
The Project assumes the following:
Chair, TPSB
Chief of Police, TPS
Members: from each organization as assigned,