Background

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.

Project Objective & Term

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.

Project Approach

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:

1. Involvement from the OHRC will include the Chief Commissioner and representatives from each of its three branches (i.e. Policy & Education, Mediation & Investigation and Legal)
2. Involvement from the TPSB will include the Board Chair, a member of the Board, a TPSB staff member and Board Counsel.
3. Involvement from the TPS will include the Chief of Police and other members as assigned.
4. Meetings will be convened at least quarterly subject to change by agreement of the Project Sponsors.
5. The meetings will be held regularly at the TPS headquarters, unless otherwise agreed.
6. The TPS or TPSB will resource the meetings with staff responsible for meeting logistics and for keeping minutes.
7. The OHRC, TPSB and the TPS will each assign individuals to a working group responsible for administering the Project. This working group will meet more frequently than the Project Sponsor Committee and will be responsible for identifying issues of concern, generating agendas and preparing background materials.
8. The OHRC, TPSB and the TPS will each assign one person to facilitate ongoing communication.
9. The TPSB and/or TPS will provide a formal update of change initiatives for each meeting.
10. The OHRC will provide feedback and identify concerns related to the update and/or concerns related to human rights complaints at the OHRC and human rights policy concerns.
11. Committees may be formed when needed. Individuals may also be assigned specific tasks when needed.
12. The Project Sponsor’s Committee will review the need for a continued relationship annually, with the first review to be completed by the end of July 2007.
13. Given that sensitive matters are likely to be discussed, confidentiality shall be maintained with respect to all matters discussed at the meetings of both the Project Sponsor’s Committee and the Working Group unless the parties agree otherwise and are legally entitled to disclose.

Reporting

The OHRC, TPSB and TPS will communicate their activities both within their organizations and to the general public.

1. Detailed minutes will be distributed after each meeting in accordance with the following distribution list.
   
   

   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

2. An internal annual report will be developed jointly to review progress of the Project.
3. The Chief of Police will report on progress to the TPSB annually.
4. Special issue specific reports will be produced when appropriate.

Indicators of success (as determined by the joint working group)

Assumptions & Challenges

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:

• the parties will remain committed to the stated objectives;
• the parties will provide sufficient resources to achieve the Project’s goal; and,
• the parties will commit to providing timely responses and approvals when required.

Project Resources & Organizational Structure

1. Project Sponsor’s Committee members
   • Project Sponsors: Chief Commissioner, OHRC

Chair, TPSB
Chief of Police, TPS

Members: from each organization as assigned,

1. Project Sponsor’s Committee governance
   • The Project Sponsor’s Committee will meet quarterly, or as required, for the purpose of making decisions directing the progress of the Project
   • Two Project Sponsors must be in attendance to have a quorum
   • All parties agree that the use of alternates and/or acting members is discouraged due to the need for speedy decision-making and the sensitive nature of some issues
2. Working Group governance
   • The Working Group will meet as frequently as required to provide the necessary information for consideration and decision of the Project Sponsor’s Committee.
   • The Working Group may seek the expertise of individuals within their respective organizations but outside of the Project Sponsor’s Committee to advise on particular issues.