Applicability: Clients

Purpose:

• To outline the steps of the Request for Reconsideration and Appeals processes as discussed in the Board-approved Intellectual Freedom Position Statement; and,
• To ensure that the Request for Reconsideration and Appeals processes are applied equitably and with transparency, across all service areas, including items in the collection or on display, programs, or events hosted in meeting rooms.

Statement

Request for Reconsideration

Ottawa Public Library (“OPL” or “the Library”) clients who have a concern about services areencouraged to first speak with branch or InfoService employees. If their concern remains after speaking with staff, they can submit a Request for Reconsideration form. Please note, OPL complies with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and will provide reasonable accommodations upon request.

The manager, along with staff in each service area, reviews each Request for Reconsideration. A written response is normally provided to the complainant within 30 business days of the request.

If more than one Request for Reconsideration form is received for the same or a related concern, only one review will take place and the same response will be provided to the complainants. If new information is provided by a complainant, the new information will be reviewed and the Request for Reconsideration may be re-opened. A written response will be provided within 30 business days of the request, indicating the decision taken and rationale, unless an extension is issued and communicated to the complainant.

Competing Human Rights

As defined in the Ontario Human Rights Commission (OHRC) Policy on competing human rights, “competing human rights involve situations where parties to a dispute claim that the enjoyment of an individual or group’s human rights and freedoms, as protected by law, would interfere with another’s rights and freedoms. This complicates the normal approach to resolving a human rights dispute where only one side claims a human rights violation. In some cases, only one party is making a human rights claim, but the claim conflicts with the legal entitlements of another party or parties.” 

• When a competing rights situation arises, a review will occur, and decisions will reflect a proportionate balancing of the Charter and the relevant statutory mandate, if any. For instance, staff will consider whether there is a solution that allows enjoyment of each right, or what the next best solution is. 

Appeals

If the complainant is dissatisfied with a decision about a Request for Reconsideration, they can request an appeal within thirty days by writing directly to the Chief Executive Officer (CEO). The request for appeal must outline specific concerns and include arguments in support of the appeal.

The appeal will be reviewed by the Library Senior Management Team (LSMT) to evaluate the reasonableness of OPL's prior decision rendered in the Request for Reconsideration process. LSMT will reach a decision, and this decision will be provided in writing by the CEO to the complainant normally within 30 business days of receiving the appeal request, unless an extension is issued and communicated to the complainant.

The response to the appeal is OPL’s final decision unless there is new information from a Canadian court of law (e.g.: a legal ruling).

Public Disclosure of Challenges at OPL

The CEO will provide the OPL Board with an annual report summarizing the previous year’s challenges, and OPL’s responses, commonly during Freedom to Read Month (February). Complainants’ personal information will not be contained in the published annual report.

Responsibilities:

Office of the CEO

• Lead discussion regarding appeals at the LSMT table;
• Communicate a final written decision regarding the appeal to the complainant(s);
• Provide centralized support and technology to track challenges and appeals as documented by managers, and prepare annual reporting regarding intellectual freedom challenges across all service areas; and,
• Maintain all files and documentation concerning appeal requests.

LSMT

• Review and decide regarding appeals.

Division Manager, Client Services

• Review recommendation of Manager, Content Services and approve or deny recommendation;

Manager, Board and Strategic Services

• Prepare annual report regarding intellectual freedom challenges across all service areas.

Manager, Content Services

• Receive Request for Reconsideration submissions;
• With assistance from staff, review and research submissions, and submit recommendations to Division Manager, Client Services for approval before responding to complainant;
• Provide a written response to the complainant;
• Provide additional research and advice for LSMT regarding appeals, as required;
• Maintain all internal files and documentation concerning collections challenges, in keeping with the official records practice through records management;
• Share OPL challenges and responses with the Canadian library community (commonly in the Library Challenges Database (Centre for Free Expression, Toronto Metropolitan University and with the Canadian Federation of Library Associations);
• Provide content for the OPL Board annual report to the Manager, Board and Strategic Services regarding challenges, with a summary of the previous year’s challenges and OPL responses.

Managers

• Receive Request for Reconsideration submissions;
• With assistance from staff, review submissions;
• Communicate a written response to the complainant;
• Provide additional research and advice for LSMT regarding appeals, as required; and,
• Maintain all files and documentation concerning challenges in their area (including program, display, meeting room, and Internet access challenges), in keeping with the official records practice through records management;
• Report regarding OPL challenges and responses to the Canadian library community;
• Provide content for the OPL Board annual report to the Manager, Board and Strategic Services regarding challenges in their area, with a summary of the previous year’s challenges in their area and OPL responses.

Employees

• Explain the Intellectual Freedom Position Statement, applicable frameworks and policies, and the Request for Reconsideration process to complainants; and,
• Assist with review of Requests for Reconsideration.

Support Documents:

Content Services Framework

Intellectual Freedom Board Position Statement

Display Space and Bulletin Board Use Policy

Public Network Access Policy

Meeting Room Booking Policy

Request for Reconsideration Form

Legislative Authority:

The Canadian Charter of Rights and Freedoms 

The Criminal Code

The Ontario Human Rights Code