Volume 3, No 13, 16 pages • CORNWALL, ON • February 1 , 2012
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CITY ORDERED TO COMPENSATE FORMER EMPLOYEE IN HRTO DECISION P.2
WATERFRONT PROPOSAL GETS ROUGH RIDE AT COUNCIL P.6
A Kanata Stallions player goes airborne to avoid Cornwall Colts forward David Rath as he pokes the puck away on the forecheck in Cornwall Thursday. The Colts lost Thursday, but put together back-to-back wins on the road over the weekend to climb within one point of first place in the Robinson. Please see Page 7
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City must pay $20,000 damages in HRTO case
Cornwall also ordered to pay almost three years in back pay to former employee
Portion of summary by adjudicator David Muir of the Human Rights Tri- bunal of Ontario in Pilon vs. City of Cornwall. . . . I have concluded that the respon- dents were in violation of their proce- dural obligations to accommodate the applicant on several occasions. First, there was their failure to properly in- vestigate her complaint of May 4, 2004. The respondent City and Mr. Menagh similarly failed to do so when requested by the applicant in October and December 2005, for reasons that I have found does not excuse them from their obligation under the Code. Similarly, when provided with evi- dence that the applicant was ill due to the unresolved workplace issues, Mr. Menagh failed to make enquiries. Fi- nally, the corporate respondent and Mr. Menagh failed in their procedural obligations in the manner in which the applicant’s employment was termi- nated. I have also found that the respondent City and Mr. Dick failed in their sub- stantive obligation to accommodate the applicant to the point of undue hardship when requested to do so in the letter of May 4, 2004. City managers violated obligations
By Greg Kielec
A human rights adjudicator has ordered the city of Cornwall to compensate a 23- year former city employee $20,000 in damages plus close to three years of lost wages. The city has also been ordered to cover $3,000 in medical expenses for Marie Ann Pilon, whom the Human Rights Tribunal of Ontario ruled late last year was discrimi- nated against based on a medical condition. The award covers Pilon’s lost wages from Sept. 15, 2005 to July 4, 2008, less any other employment or business income she earned over that time period, according to a deci- sion on remedy issued today by the tribu- nal. The Pilon’s husband Reg declined com- ment on behalf of the couple until all issues of the case are resolved when reached by email this past weekend. A copy of the decision was emailed to The Journal on Monday by David Draper, exec- utive director of Social Justice Tribunals Ontario, at the request of The Journal. Tribunal adjudicator David Muir has also recommended human rights training for city managers in his remedy decision. “The issues raised by this Application are largely systemic and flow largely from ig- norance of the Code’s requirements on the part of the City’s managers,” reads Muir’s
Photo by Greg Kielec This screen shot shows the Sept. 14, 2011 Human Rights Tribunal of Ontario decision citing the city of Cornwall for violating the human rights of 23-year-employee Marie Anne Pilon. A decision on remedy in the case has been issued by the tribunal.
the respondent employer would be well-ad- vised to consider training of its other senior management involved in this matter. Tribunal ajudicator David Muir, in a deci- sion issued Sept. 14, 2011 ruled the city and key members of management had breached the province’s human rights code in its treatment of Pilon, a former finance depart- ment employee.
ruling. “The respondent City, on every level of management involved in this case, clearly did not understand their obligations under the Code. In all the circumstances, I find that it is appropriate that the individual re- spondents be required to take some human rights training to assist them in responding to the kind of issues which arose in this case.” “Although I make no order in this regard,
Please see CREATED: Page 3
Please see CASE: Page 3
Visitez le www.csdceo.ca pour tous les détails. Visit www.csdceo.ca for all the details.
Limoges une communauté en pleine croissance
Photo by Greg Kielec Flames were visible through the rear porch window of the building this Baldwin Av- enue building when firefighters arrived after a emergency call from neighbours Satur- day. One firefighter entered the building for a primary search and to check on the extent of the fire and determined the fire had not entered the residence at that time. The fire was extinguished and a crew was left on scene overnight to secure the scene.
Created ‘undue hardship’ on Pilon
Asselin
issues and never turned their minds to their obligation to accommodate the applicant to the point of undue hard- ship. The respondents never claimed that the applicant‘s disability related needs at any point in this narrative could not be accommodated. Finally, I also find that the respondent City, Mr. Flannigan and Mr. Dick con- doned harassment of her by their fail- ure to insulate her from the complaints of other employees that were related to her use of the washroom at times other than her formal break times. This was most acutely the case in May 2004 when she was told that an employee had made a complaint(s) about her washroom use, but was also present to a more limited degree in September 2005.
CITY MANAGERS: From Page 2 This issue remained unresolved throughout the remaining months of the applicant’s employment and played some role in the unravelling of the em- ployment relationship in September 2005. The respondents did not claim that they were unable to accommodate the applicant as requested. . I have also concluded that the respon- dent employer and Mr. Menagh failed in their duty to accommodate the appli- cant to the point of undue hardship when they terminated her employment in the face of medical evidence that she could not return to work, without mak- ing any further inquiries of her. I find that the respondent employer and Mr. Menagh did not consider the disability
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Case revolved around washroom access
case, was fired by the city three weeks ago. The human rights case revolves around a dispute over washroom breaks between Pilon, who suffered from colitis, and certain co-workers and managers in the city’s fi- nance department at the time. The issue spiralled out of control from 2002 until Pilon took medical leave in Sep- tember 2005 because of the declining health, attributed by her to increased stress in the workplace. Follow @gkielec on Twitter. For breaking news, go to www.editionap.ca and click on The Journal. Email greg.kielec@eap.on.ca
CITY MUST PAGE: From Page 2
The complaint was filed against the Cor- poration of the City of Cornwall, human re- sources manager Robert Menagh, former chief financial officer David Dick and city collector John Flannigan. Of the three managers named in the com- plaint, only Flannigan is still employed by the city. Dick, who left a number of years ago for a job at Queen’s University in Kingston, is now officer manager for Miramichi, N.B. Menagh, who was singled out in the Pilon case and the Diane Shay whistleblower
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CRIME SCENE News in brief from local OPP, Cornwall Community Police Service
his common-law wife and uttered death threats. During the course of the investiga- tion it was learned that the male allegedly assaulted his common law with household items and allegedly assaulted his common law’s three-year-old daughter. The man is charged with four counts of assault, two counts of assault with a weapon and two counts of utterin death threats. The name of the accused is not being released as it may identify the victims in this matter. Wrong name An Akwesasne man faces a charge after he provided Cornwall police with a false name during a traffic stop. Dustin George, 22 is charged with obstructing police and per- sonation in connection with the Jan. 24 in- cident. He was released to appear in court on Feb. 21. Missed court date A Cornwall teen was arrested by police after she missed a Jan. 12 court date. The 15- year-old Cornwall was arrested on Jan. 24 on the strength of an outstanding warrant. She was held in custody until court later that day. Her name was not released as per provision under the Youth Criminal Justice Act. Bad behaviour A Cornwall man is charged with breach- ing his probation after he was accused of shoplifting from a Water Street store. Steven Dufresne, 43, was arrested on Jan. 24. It is alleged that same day he attended a Water Street store and removed property without making any attempt to pay for the merchandise. He was detained by the store’s lost prevention officer and turned over to a member of the Cornwall Commu- nity Police Service. He was bound by a pro- bation order at the time with the condition to keep the peace and be of good behaviour. He is charged with theft under $5,000 and breach of a probation order. He was re- leased to appear in court on Feb. 21. More bad behaviour A Cornwall teen faces two charges of breaching probation in connection with the theft of items from a vehicle. The 15-year- old Cornwall youth was arrested Jan. 24. It is alleged that between Dec. 31, 2011 and Jan. 2 he removed items from a motor vehi- cle. Police were contacted and an investiga- tion followed. He was bound at the time by a youth probation order to keep the peace and be of good behaviour and to abide by a curfew. He was charged with theft under $5,000 and two counts of breach of a proba- tion order. His name was not released as per provision under the Youth Criminal Justice Act. Assault causing bodily harm A 36-year-old man faces a charge of as- sault causing bodily harm after an alterca- tion in Alexandria Jan. 24. SD&G OPP officers responded to a report of a domestic incident on Lochiel Street around 8:30 p.m. The investigation revealed that a woman and her common-law husband were in- volved in a verbal altercation that resulted in her being assaulted. The man faces charges of domestic mischief and assault causing bodily harm. He was held in cus- tody pending an appearance in Cornwall court.
Mother assaulted A 31-year-old Cornwall man faces numer- ous charges after two incidents involving his mother stretching back to Boxing Day 2011. It is alleged that between Dec. 26 and Dec. 31, 2011, he got into an altercation with his 64-year-old mother when he assaulted her, threatened her and assaulted her with a weapon. The victim suffered minor in- juries. It is also alleged that on Jan. 26, he re- fused to let his mother leave the residence. He is charged with assault, uttering threats, assault with a weapon, weapons danger- ous, forcible confinement, two counts of breach of recognizance and three counts of breach of probation order. He was held in custody until court the following day. Rental unit theft Michel Tremblay, 45 of Cornwall was charged Friday theft under $5,000. It is al- leged that in August 2011, he removed property from a rental unit. Police were contacted and an investigation followed. He was released to appear in court on Feb. 14. Four face drug charges Four people were arrested on Friday for possession of controlled substances. It is al- leged that shortly after 10:15 p.m., a mem- ber of the Cornwall Community Police Service Patrol Division conducted a traffic stop and found the four occupants to be in possession of what was believed to be mar- ijuana and pills believed to be methamphet- amines (speed). Charged with two counts each of possession of a controlled substance are: Summer Mercure, 20, of Ingleside; Noah Lascelle, 18, of Cornwall; Brandon Secord, 18, of South Stormont; Pierre Go- dard, 18, of Cornwall. They all were re- leased to appear in court on Feb. 16. Domestic threats A 28-year-old Cornwall man was arrested on Friday in connection with domestic threats. He was bound by two separate re- cognizance with the relevant conditions to not have any communication with or attend his 34 year-old ex-girlfriend’s residence ex- cept in the presence of a police officer for belongings, as well as abstain from alcohol absolutely. He was also bound by a proba- tion order to keep the peace and be of good behaviour. It is alleged that on Friday, he at- tended his ex-girlfriend’s residence and got into an altercation with her when her threatened her and caused damage. He is charged with domestic mischief, uttering threats, four counts of breach of recogni- zance and one count of breach of probation order. Domestic assault A 22- year-old Cornwall man was arrested on Thursday for domestic assault. It is al- leged that on the Jan. 23 to 25, he assaulted Robyn Guindon Pharmacie Ltée. Centre d’achats Cornwall Square Cornwall Square Shopping Centre 1, rue Water St. E., Cornwall ON • 613 938-6060 Mail Brookdale Mall 1236, av. Brookdale ave., Cornwall ON 613 938-3010 Mail East Court Mall 1380, 2e rue Est, Cornwall ON 1380, Second Street East • 613 937-0956
Special photo Cornwall Police Chief Dan Parkinson speaks to students at Gladstone Public School about literacy on Friday to mark Family Literacy Day. Police chief visits Gladstone for Family Literacy Day
they will need to have. Harty said that although the ice rain made for a much smaller audience, it also provided students with the opportunity to speak with Parkinson, and ask any questions they had. Students were impressed with one answer when Parkinson explained that visiting chil- dren in schools and the community was his favourite part of his job.
The Journal
Cornwall’s Chief of Police Dan Parkinson visited Gladstone Public School on Friday to help the school celebrate Family Liter- acy Day. Vice-Principal Joe Harty said Parkinson shared his thoughts on literacy, provided
facts about the topic, and shared a quote from former secretary-general of the United Nations, Kofi Annan. “Literacy is a bridge from misery to hope,” Parkinson shared.
“We really need to get to know you younger people so that we can better serve you in your community,” said Parkinson. Harty thanked Parkinson for coming and commented on how much the entire Glad- stone community values this ongoing community partner-
“Literacy is a bridge from misery to hope.” Dan Parkinson Cornwall police chief, quoting former UN secretary-general Kofi Annan
He explained to the stu- dents that literacy is a very important part of his job, and the job that many police officers do to keep our city safe day and night. He went on to explain that literacy allows us to deal with information in many ways. No matter what students choose to do later in life, there are certain literacy skills that
ship. “We have always felt very lucky to have this positive partnership with Chief Parkin- son and his staff, and we’re very thankful that they continue to support our literacy ini- tiatives,” said Harty.
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