Man convicted of making child porn wins right to fight U of M firing

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This article was published 25/02/2020 (1512 days ago), so information in it may no longer be current.

A Winnipeg man convicted of making child pornography and banned from contacting children has won the right to contest his firing by the University of Manitoba.

The Manitoba Human Rights Commission has deemed a criminal record is now among the grounds protected against discrimination.

“Individuals with criminal records are member of a group that has historically been disadvantaged in Canadian society and has been subjected to stigma and stereotype,” reads a Feb. 10 ruling.

The case surrounds a man named A.B. in the filings, who cannot be identified. He was convicted in 2007 of touching two children for a sexual purpose and making child pornography.

The man served jail time and is banned for life from being in places where children under the age of 14 are likely to be present.

The university fired the man, and “restricted his access to completing his education at the university.”

It is unclear what job he held, when he was fired, and whether he was pursuing a formal degree or taking part-time courses.

He launched a complaint in 2015, but the university objected one’s criminal record is not among the protected grounds in Manitoba’s human-rights code.

According to the panel ruling, the university didn’t take issue with employing someone with a criminal record, but rather with someone convicted of sexual offences against children, as the institution “invites thousands of children to its property every day.”

The commission noted seven other Canadian jurisdictions have deemed having a criminal record to be a protected basis against discrimination.

“All members of the human family are free and equal in dignity and rights, and they should not be subjected to negative stereotyping, prejudice or barriers to their equality of opportunity,” reads the ruling. “Human rights statutes are to be interpreted broadly and purposively.”

The commission will now look into the facts around A.B.’s conviction and dismissal, to see whether the university discriminated against the man.

dylan.robertson@freepress.mb.ca

Ruling on criminal records as grounds for discrimination