Pride Toronto exists to celebrate the history, courage, diversity and future of Toronto’s LGBTTIQQ2SA* communities.
Pride Toronto’s vision is to:
Pride Toronto is governed by various policies, including, but not limited to:
Pride Toronto has the responsibility to consider applications from groups and organizations requesting to participate in the Pride Parade and March. In the consideration process, Pride Toronto reviews applications based on compliance with its governing policies and its mission and vision as a non-profit organization (see the Parade/March Participation Terms and Conditions Agreement).
Pride Toronto has established a Dispute Resolution (DRP) process to provide an objective, transparent appeal mechanism to review and resolve complaints about participation in the Pride Parade and March.
This process is the first of its kind anywhere in the world in relation to reviewing complaints about Pride Parade participants. Pride Toronto recognizes that the rules and the process are new and may need to be amended from time to time to ensure the process is working effectively. Pride Toronto will seek input from the community, its membership, Dispute-Resolution Officers, and complainants and respondents to inform those amendments.
The Dispute-Resolution Process (DRP) will only consider complaints about the participation or exclusion of a group in the Pride Parade or March. The objective of the DRP is to resolve, correct and remedy behaviours that are contrary to Policy, to ensure fair application of the rules for Parade and March participation, and to ensure compliance with those rules and applicable legislation.
Pride Toronto welcomes input and recognizes that complaints are a valuable source of information. Pride Toronto is committed to providing an accessible complaints process that balances the rights of individuals and the community at large while ensuring that the festival is operated within the mandate as approved by the Board and its membership. Pride Toronto documents, evaluates, and analyzes complaints to help improve the way the organization operates.
Pride Toronto will accept a complaint from anyone from the public, including queer-identified and non-queer-identified individuals and/or groups; the general public; advocates; volunteers; neighbours; and other members of the community.
The complainant(s) must complete the Request for Dispute-Resolution Process form to initiate a complaint.
Complaints should be factual and clearly outline the alleged violations. Complaints that are malicious, perpetuate slander, or personally attack individuals, Parade participants, marchers or Pride Toronto will not be considered.
When filling out the Request for Dispute Resolution form, the complainant(s) should:
The completed electronic or hard copy of the DRP request form must be sent directly to the attention of the Chair of the Dispute-Resolution Process (DRP) at:
disputeresolution@pridetoronto.comSubject to the special rules related to the 2010 Parade/March, complaints should be submitted under the following timeframes:
There are three avenues or methods available to make a complaint and seek resolution.
A complainant may request to start at step one and proceed through the steps or go directly to arbitration.
The Chair of the DRP will review the DRP request form to ensure that all required information is completed and may contact the complainant for missing information if required. The Chair will then assign a Dispute-Resolution Officer (DRO) to the file.
The Chair is not responsible for evaluating the merits of the complaint. The Chair is responsible for ensuring that the information on the request form is complete and to assign a Dispute-Resolution Officer.
If, in the opinion of the Chair, the complainant has been unable or unwilling to provide the required details regarding the complaint in a reasonable time, then the Chair may dismiss the complaint without assigning a DRO.
The Chair, in exceptional circumstances based on the complexity of the complaint, may determine that a panel of Dispute-Resolution Officers (instead of an individual officer) should be appointed to hear the complaint. In such a case, the Chair will assign a lead DRO who will act as the Panel President and work with the parties to assign any remaining arbitrators. This is the only time a decision by a panel can be appealed (see the Appeals section below).
The Dispute-Resolution Officer (DRO) is responsible for reviewing the complaint and initiating the mediation or arbitration process with complainant(s) and respondent(s).
The DRO may dismiss a complaint without a hearing or an investigation if they determine that the complaint is outside of the jurisdiction of the DRP or is frivolous, vexatious or malicious.
The Board of Pride Toronto has appointed a roster of independent, professional, impartial Dispute-Resolution Officers who are members in good standing with the Law Society of Upper Canada or have relevant professional experience and training in human-rights issues, mediation or adjudication.
The officers act on a voluntary basis and are governed by the Arbitrations Act, 1991, its relevant regulations, alternative-dispute-resolution codes of ethics/conduct, and best practices.
The officers are objective and impartial and do not advocate, act on behalf of or represent any party in dispute (complainant, respondent, management). All complaints to the DRP will be dealt with in an unbiased manner.
A person or group affected by a complaint is referred to in the Dispute-Resolution Process as the respondent.
The respondent will be immediately notified of the Complaint and the request for mediation or arbitration. The respondent is expected to notify the Chair of the Dispute-Resolution Process within seven days whether they will participate in the requested mediation or arbitration. If they do not agree to participate, then the Chair will assign a DRO, who will then determine how to proceed on the complaint. It is important to note that all groups who apply to participate in the Parade must agree to abide by the DRP as a condition of participation. Respondents are strongly encouraged to support and participate in the process.
Requests for corrective action will be referred to the Executive Director for review, resolution, and formal response to the complainant.
If the request for corrective action involves the Executive Director, then the complaint will be referred to the Board of Directors for review, resolution and formal response to the complainant.
Pride Toronto will respond to requests for corrective action within 14 business days. Pride Toronto may refer requests for corrective action to the DRP if Pride Toronto deems it appropriate to do so. It is expected in such cases that Pride Toronto will forward those requests as quickly as possible to ensure there is adequate time for the DRP to review the complaint.
Parties directly affected by the decision of Pride Toronto to take corrective action in response to a complaint shall be entitled to file an additional complaint within 60 days of the corrective action coming to their attention.
Note: Complaints that request a penalty, that request corrective action outside the control of Pride Toronto, that seek mediation or arbitration, or are filed in response to Pride Toronto’s taking corrective action in response to another complaint shall be referred to the DRP.
For the purposes of this process, mediation is defined as “the act or process of mediating -- intervening between conflicting parties to promote reconciliation, settlement, or compromise.” Parties in dispute choose a mediator (an impartial person) who helps them reach their mutually acceptable settlement/agreement.
The Dispute-Resolution Officer has authority to determine his or her own process on any mediation. In order for mediation to be effective, both parties must agree to participate in the process. The DRO will confirm that both parties agree to participate in the mediation process and will outline the mediation process.
The DRO will act as a mediator in this process. The goal of this process is to help both the complainant and the respondent to reach a mutually satisfactory resolution/agreement about the complaint.
Mediation must be completed within 30 days, unless extended by consent of both parties. If mediation is carried out and is unsuccessful, the complainant shall have the option of referring the original complaint to arbitration.
For the purposes of this process, arbitration is defined as “a process whereby parties in dispute refer their disagreement to a mutually acceptable independent third party (an arbitrator) agreeing in advance to be bound by the arbitrator’s decision.”
Where a complainant has chosen arbitration, or in the case that Pride Toronto requests an arbitrator be assigned, the Chair of the Dispute-Resolution Process will review the request for its completeness and assign a DRO to arbitrate the complaint within 14 days of the Chair’s receiving the request for the complaint.
The DRO shall be selected at random by proceeding through the roster alphabetically by surname and ascertaining the first available officer who does not have a conflict of interest and is available to hear the complaint. (On the next occasion a DRO is required, the Chair will begin with the name following the name of the last DRO appointed.)
As in the mediation process, the assigned Dispute-Resolution Officer will determine the arbitration process. It is expected that the complainant and respondent will be invited to participate. Arbitration shall be completed within 21 days from the date the DRO is appointed unless the complainant and respondent agree otherwise.
A decision regarding the arbitrated complaint, including reasons, shall be issued in writing within 14 days from the date the DRP has been completed.
Under certain conditions, decisions reached in single arbitration sessions are appealable (please see below for further information).
The complainant may initially request a panel arbitration. In the case where a complainant initially requests a panel, its decision is not appealable.
In exceptional circumstances, the Chair of the DRP may also assign a panel arbitration based on the nature of the complaint. This is the only time a panel decision may be appealed (see the appeals section below for more detail).
The panel will consist of three Dispute-Resolution Officers. In all situations involving a panel, the final decision(s) will be made by majority.
Again, the Chair will select a lead DRO at random by proceeding through the roster alphabetically by surname and determining the first available officer who does not have a conflict of interest and is available to hear the complaint.
As in the mediation process, the assigned DRO will determine the arbitration process and they shall act as the Panel President.
Complainants and respondents who are involved in a Panel Arbitration will be invited to nominate up to three available DROs to the Panel, only one of whom will be chosen. These nominations must be received within seven days of being notified by the Panel President that the complaint has been referred to a Panel process. In the event that either the complainant or respondent fails to nominate their choice for DROs within this timeframe, the Chair of the Dispute-Resolution Process will assign DROs to the remaining vacant panel position(s) in order to constitute the panel.
Arbitration shall be completed within 21 days from the date the DRO is appointed unless the complainant and respondent agree otherwise. In cases of panel arbitration, a majority ruling governs in all situations.
A decision regarding the complaint including reasons shall be issued in writing within 14 days from the date the DRP has been completed.
Decisions reached by an Arbitration panel are not appealable (except as noted above).
All reasonable steps will be taken to review and respond to the complaints in a timely manner. The specific timelines are established below based on which process is chosen. If additional information is required to undertake a review, the timelines may be adjusted accordingly.
| Type of request for resolution/complaint | Initial notification | Appoint Dispute-Resolution Officer | Meeting/hearings | Decision reached |
|---|---|---|---|---|
| Mediation | 7 days | 14 days | Flexible – defined by DRO and agreement with complainant and respondent | 30 days |
| Arbitration | 7 days | 14 days | Flexible – defined by DRO and agreement with complainant and respondent | 21 days |
| Appeal | 7 days | 14 days | Flexible – defined by DRO and agreement with complainant and respondent | 21 days |
Note: In exceptional circumstances, based on mutual agreement from the parties, or by order of the Dispute-Resolution Officer or Panel, timelines may be adjusted or extended.
All decisions and appeal decisions will be posted on the Pride Toronto website within 30 days of completion, including a documented response from the Board of Pride Toronto.
Decisions by the Chair or DRO to dismiss a complaint as frivolous or vexatious, or due to lack of jurisdiction, are not subject to appeal.
Where an initial decision on a complaint is made by a single DRO, or the decision was reached when the Chair of the DRP assigned a Panel, either party to the original complaint may appeal the ruling to the Chair of the Dispute-Resolution Process.
Notice of appeal must be submitted in writing to the Chair of the Dispute-Resolution Process within seven days of the final decision from the arbitration. The appeal must be submitted to the address outlined above for the Chair.
The appeal must clearly outline why the complainant believes that the arbitrator erred in his/her decision including identifying clearly where the arbitrator failed to properly interpret policy, legislation or mission.
The Chair will review the appeal request to determine:
If the Chair finds there are proper grounds for appeal, an appeal panel will be assigned. The DRO(s) arbitrating the original complaint shall be ineligible to participate in the appeal panel.
On filing the appeal notice, the complainant shall name a DRO as his or her nominee to the appeal panel from the roster of DROs. In the event that the Chair has determined an appeal panel is warranted, then the Chair will notify the respondent, who has seven days to submit the name of his or her nominee to the appeal panel from the roster of DROs.
The two nominated DROs will then choose a third person from the roster of DROs who shall serve as President of the appeal panel. If the two nominees are unable to agree within seven days, the Chair of the Dispute-Resolution Process shall appoint the third member of the panel.
The appeal panel shall be free to determine its own process. However, a decision on the appeal with reasons must be issued within 21 days from the completion of the panel. In exceptional circumstances, subject to mutual agreement with the parties, timelines may be adjusted or extended.
In all situations involving a panel, the final decision(s) will be made by majority.
The Chair or his/her designate will notify both the complainant and respondent that the process has been completed.
For decisions reached in arbitration, the Dispute-Resolution Officer must stipulate which ruling remains in effect in the event of an appeal. This will include a decision as to whether or not the existing ruling from the Dispute-Resolution Officer stands or that the current practice is acceptable pending appeal.
Where they find that the rules have been violated or that an applicant is otherwise not in compliance with the rules, Dispute-Resolution Officers (including the appeal panel) shall be entitled to impose any or all of the following penalties:
All decisions of the Dispute-Resolution Officer or Panel, or, in the event of an appeal, the Appeals Panel, will be final and binding on Pride Toronto, the complainant, and the respondent.