Ontario councillor countersues in battle over job posting recruiting specific groups

A Sarnia, Ont., citycouncillor has launched a countersuitagainst the executive director of the Sarnia-Lambton Children's Aid Society (SLCAS) after being sued for defamation over comments made about a recruiting ad for child protection workers.

Coun. Bill Dennisargues in court documents that his public comments calling the ad discriminatory and "woke craziness" were"his legal right and his sworn duty."

He sayshis comments were "to protect the rights of constituents" when it comes to hiring practices by government agencies.

SLCAS executive director Dawn Flegelfiled a $100,000 defamation lawsuit demanding an apology and retraction from Dennisin August.

His countersuit, filed earlier this month,is seeking damages capped at $200,000 for breach of his Charter Rights, malicious prosecution and misfeasance in public office, along with a writtenapology.

Recruitment graphic targets specific groups

The job adthat triggered his comments was postedin May on the SLCAS Facebook page and includes wording that the organization has used for years to encourage potential employees to apply.

"We are looking for people who identify as: Indigenous, Black, racialized, 2SLGBTQ+, billingual-French speaking to join our team," is written across the top of the post.

"At the Sarnia-Lambton Children's Aid Society, we recognize that: there is an over representation of Indigenous, Black and 2SLGBTQ+ families in the child welfare system," the poster goes on to state.

"To change how we work, we need to change who we are and how we make decisions."

Flegel said in her court filing that the job ad was created "to address the underrepresentation of the diverse populations of children and their families served by the SLCAS."

"The applications were open to anyone interested," said Flegel.

Councillor argues SLCAS needs to hire more white males

Dennisargues that his comments are not defamatory because they are protected under the Canadian Charter of Rights and Freedoms.

He also arguesthat since he's a councillor for a city government and Flegel is the director of a government agency "there is an additional public interest in not permitting government agencies to muzzle other government agencies and actors."

Dennisargues that "the right to criticize public officials is a right dating back to ancient Greece" and that "the public has a right to comment on public policies."

The councillor highlights the Ontario Human Rights Code, which statesthat"constructive discrimination" is allowed if there is a bona fide reason.

Flegel argues that the SLCAS does not have qualified staff representative that are Indigenous, Black or 2SLGBTQ+, populations that are over represented in the child welfare system.

"It was determined that this lack of representation had the potential to impair the quality of services SLCAScould offer to diverse populations," she said in court documents.

Dennis argued that "if the demographics of employment are relevant, it must be noted that straight white males are grossly underrepresented within the SLCAS."

His filing points to the organization's staff directory and claims that "there appear to be less than 12 men in the workforce of 340 individuals."

"If it is the case, that SLCAS's true and honest intention was to represent the public better, then more white males need to be employed so as to reasonably represent the public," he argued.

Dennis argues lawsuit is an attempt to silence him

Eddy Ng, the Smith Professor of Equity & Inclusion in Business at Queen's University, said the bona fide reasonargument is often used to ensure representative staffing.

"Especially when the goals are to diversify the workforce or if you have a specific need that's related to the operation of the organization or the business itself," said Ng.

"So if your workplace requiresfor safety reasons, to better serve your community or in the interest of public welfare, you are allowed to look for targeted hiring."

Both parties 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 only silence Dennis" and Flegel has launched a "campaign against him to defame him and silence her political opposition."

Flegel is now able to file her own statement of defence against the claims made by Dennis.

None of these claims have been proven in court.