Former Waterloo regional police officer seeks appeal to have case against police heard in court
CBC
A former Waterloo regional police officer says her case against the service should continue in a court of law, and not be heard by Ontario's Human Rights Tribunal.
Kelly Donovan appeared virtually before three justices at the Ontario Court of Appeal Monday afternoon to ask them to overturn a decision made by a judge in April 2021, which said the case should be heard by the tribunal, not a court.
Donovan was a police officer in Waterloo region until she resigned in 2017.
The matter addressed on Monday has to do with an affidavit that Waterloo regional police Chief Bryan Larkin filed in December 2017 on a separate civil matter where the police service was being accused of systemic gender-based discrimination and sexual harassment.
Donovan alleges that as part of that affidavit, Larkin provided examples of work being done by the service and in doing so provided enough details about Donovan's experiences that it would identify her. This, Donovan says, goes against her 2017 resignation agreement.
She said Larkin's affidavit had a negative impact on her personally and, she alleges, he knew it would.
The allegations have not been proven in court.
Donald Jarvis, a lawyer for the Waterloo Regional Police Services Board, argued Monday that Donovan's case should be handled by the Human Rights Tribunal, where a case between the two parties is currently open, or a labour negotiator because it involves Donovan's resignation agreement.
That agreement was made while Donovan was an employee and represented by the police union, he said. Jarvis said any legal arguments Donovan has that are linked to that resignation agreement should not go through the courts, but through other means of resolution.
The three justices in Monday's case reserved their decision. It will be released at a later date.
Donovan first sued the police service in 2018, but that lawsuit was dismissed in February 2019. She appealed and won the right to carry on with the case in January 2020.
She is alleging breach of contract and, as of January 2020, misfeasance in public office against the police services board and Larkin. An allegation of misfeasance in public office means Donovan believes Larkin intentionally used details about her in the civil suit affidavit that would identify her with the goal of hurting her.
Donovan argues the Ontario Human Rights Tribunal's scope is too narrow to deal with the complexity of her case against the police service.
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