DUE PROCESS

 

At the base of all law is: justice. At the base of our system of justice is (a) the presumption of innocence (no person is to be treated as though she/he is guilty until proven guilty by a proper evaluation of the facts and law by a competent authority), and (b) competent authorities that ensure that, when allegations are made, they are subjected to a due process before anyone concludes, says, or implies that the accused is guilty.

The Liberal government of Ontario has introduced legislation that pressures employers and universities to cut ties with anyone about whom an allegation of harrassment or assault is made, without due process. Universities and employers - neither of whom have the proper training or regulation to ensure due process - are essentially required to conduct investigations that ought rightly to be conducted by police or other governmental investigatory bodies. Their findings are then judged in the "court of public opinion". In practice, to avoid reputational harm, the university/employer is intimidated into expelling/dismissing a student/employee whether or not there is any compelling evidence to back up the allegation(s) made about him/her.

A Freedom government will introduce legislation that mandates the presumption of innocence in the workplace and in universities/colleges and that:

(a) deems an employer to lack just cause for dismissal; and

(b) deems a university or college to lack any basis for expelling a student

if the employer/school dismisses/expels the employee/student in response to allegations of harassment or assault, unless and until the allegations have been proven to be true pursuant to the due process of law commenced by the alleged victim and administered by a competent judge or tribunal, applying proper rules of evidence and civil or criminal procedure.

A Freedom government will ensure that allegations of harassment or assault are made to competent governmental authorities: police, courts, or tribunals. Neither universities nor employers will have any authority to conduct investigations or hearings concerning allegations of harassment or assault. Universities/employers will have no authority to compel a student/employee to answer questions about alleged harassment or assault.

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