A Sarnia, Ont., metropolis councillor has launched a countersuit towards the chief director of the Sarnia-Lambton Kids’s Help Society (SLCAS) after being sued for defamation over feedback made a couple of recruiting advert for baby safety staff.
Coun. Invoice Dennis argues in courtroom paperwork that his public feedback calling the advert discriminatory and “woke craziness” have been “his authorized proper and his sworn obligation.”
He says his feedback have been “to guard the rights of constituents” with regards to hiring practices by authorities businesses.
SLCAS govt director Daybreak Flegel filed a $100,000 defamation lawsuit demanding an apology and retraction from Dennis in August.
His countersuit, filed earlier this month, is searching for damages capped at $200,000 for breach of his Constitution Rights, malicious prosecution and misfeasance in public workplace, together with a written apology.
Recruitment graphic targets particular teams
The job advert that triggered his feedback was posted in Could on the SLCAS Fb web page and consists of wording that the group has used for years to encourage potential staff to use.
“We’re searching for individuals who determine as: Indigenous, Black, racialized, 2SLGBTQ+, billingual-French talking to affix our group,” is written throughout the highest of the put up.
“On the Sarnia-Lambton Kids’s Help Society, we acknowledge that: there’s an over illustration of Indigenous, Black and 2SLGBTQ+ households within the baby welfare system,” the poster goes on to state.
“To alter how we work, we have to change who we’re and the way we make choices.”
This job recruitment put up by the Sarnia-Lambton Kids’s Help Society is on the centre of a authorized battle involving a metropolis councillor. (Chris Ensing/CBC)
Flegel mentioned in her courtroom submitting that the job advert was created “to deal with the underrepresentation of the varied populations of youngsters and their households served by the SLCAS.”
“The functions have been open to anybody ,” mentioned Flegel.
Councillor argues SLCAS wants to rent extra white males
Dennis argues that his feedback should not defamatory as a result of they’re protected beneath the Canadian Constitution of Rights and Freedoms.
He additionally argues that since he is a councillor for a metropolis authorities and Flegel is the director of a authorities company “there’s a further public curiosity in not allowing authorities businesses to muzzle different authorities businesses and actors.”
Dennis argues that “the precise to criticize public officers is a proper courting again to historical Greece” and that “the general public has a proper to touch upon public insurance policies.”
The councillor highlights the Ontario Human Rights Code, which states that “constructive discrimination” is allowed if there’s a bona fide motive.
Flegel argues that the SLCAS doesn’t have certified employees consultant which might be Indigenous, Black or 2SLGBTQ+, populations which might be over represented within the baby welfare system.
“It was decided that this lack of illustration had the potential to impair the standard of companies SLCAS might supply to various populations,” she mentioned in courtroom paperwork.
Dennis argued that “if the demographics of employment are related, it have to be famous that straight white males are grossly underrepresented throughout the SLCAS.”
His submitting factors to the group’s employees listing and claims that “there seem like lower than 12 males within the workforce of 340 people.”
“If it’s the case, that SLCAS’s true and sincere intention was to symbolize the general public higher, then extra white males have to be employed in order to fairly symbolize the general public,” he argued.
Dennis argues lawsuit is an try to silence him
Eddy Ng, the Smith Professor of Fairness & Inclusion in Enterprise at Queen’s College, mentioned the bona fide motive argument is commonly used to make sure consultant staffing.
“Particularly when the objectives are to diversify the workforce or if in case you have a particular want that is associated to the operation of the group or the enterprise itself,” mentioned Ng.
“So in case your office requires for security causes, to higher serve your group or within the curiosity of public welfare, you might be allowed to search for focused hiring.”
Each events have agreed for the case to be heard in a Sarnia courtroom.
Dennis, in his countersuit, argues that Flegel’s lawsuit is a “concerted effort to not solely silence Dennis” and Flegel has launched a “marketing campaign towards him to defame him and silence her political opposition.”
Flegel is now capable of file her personal assertion of defence towards the claims made by Dennis.
None of those claims have been confirmed in courtroom.
