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posted February 15, 2005

The Breastfeeding Crisis of 2005, The Main Letters

Emails - Page 1: The Main Letters

Here are the letters that raise the main issues discussed during the breastfeeding debate in January 2005.


Cover of 1998 Dufferin Rink staff guide.
Drawing by Jane LowBeer

Sections on this page (dialogs organized by initiator):

For related correspondence see:

For related material see:


The Complainant and Respondent

Sent: Saturday, January 08, 2005 5:58 AM
Subject: Incident at the Dufferin Grove rink house Friday Jan 7

Dear Friends of Dufferin Grove Park,

I was shocked and saddened when last night at Friday Night Supper I was asked by one of your members not to breastfeed my newborn daughter in the Dufferin Grove rink house -- to "cover up" or "take her into the washroom."

These comments constitute gender harrassment and are a violation of the Ontario Human Rights Code. The Human Rights Code states:

"You have rights as a nursing mother. For example, you have the right to breastfeed a child in a public area. No one should prevent you from nursing your child simply because you are in a public area. They should not ask you to "cover up", disturb you, or ask you to move to another area that is more "discreet"."

At this time I do not plan on pursuing this complaint with the Human Rights Commission, although it is my right to do so. What I would like, however, is an apology. I would also like confirmation that Friends of Dufferin Grove Park has educated its staff and volunteers about the insensitivity and illegality of remarks like these so that I and other breastfeeding women may continue to attend park events without fear of harrassment.

The City of Toronto and Councillor Giambrone's Office have also been made aware of my complaint.

Please know that it is not my intention to cause trouble. My family and I are fervent supporters of park events, and we would simply like to continue to feel welcome at Dufferin Grove without chagrin or further discrimination.

Sincerely,
Erika V. Ross

Sat Jan.8 12.06 (noon)

Dear Friends of the Park --

I am the person being reported here, said to have made not only an insensitive but also an illegal request.

The situation was that Ms.Erika V. Ross and her family and friends had come to the rink for Friday night supper. Near the end, as we were starting to clear away tables and the hockey players were coming back into the change area to change for skating, some people I was talking to looked at some occurrence over my shoulder, stopped talking, and turned away. I turned around and was startled to see that Erika was standing in the middle of the room appearing to take off her shirt. It took a minute to realize that she was actually preparing to nurse her newborn. In the midst of the hubbub and the hockey players, I quickly went over and asked her to cover up a bit, or if she wanted to actually take her shirt off, to sit in the (very large) women's washroom. My suggestion has a history not related to banishment: when things get really crammed at the rink, we sometimes set up a chair for a woman who wants to have a quiet space to nurse her baby to sleep -- the washroom, being so large, is often the only place to get a bit of peace. However the location was not the issue here -- it was the amount of disrobing. I wanted Erika to cover up more.

Erika went over to a bench at the side of the change room with her partner and baby and sat there to nurse the baby, but it was evident that both of them were unhappy about my request.

After a short time I went back over and tried to explain better. I talked to them about the fact that this place was originally built as a locker room, and that, in trying to enlarge its use, we should still be sensitive to the fact that the hockey players were there first and that's the reason the building is there in the first place. Many people, not only hockey players, are startled when a woman breastfeeds in such a way that a great deal of the rest of her beautiful figure is also exposed. There is a cultural sensitivity that can't just be condemned regardless of the context. The fact is, the context of a shared-use sports change room needs a bit of adaptation in breastfeeding styles.

I told Erika and her partner that I had NO desire to stop the breast feeding, I just wanted to ask her to cover up a bit more. However, they seemed to be uninterested in anything I was saying, and were intent on their rights. I imagine it's anyone's RIGHT to nurse their baby without any shirt on at all, anywhere they want. But that doesn't mean it's a good idea. Public space needs compromise, friendly negotiation, a willingness to bend, even when one's precise rights are not followed to the letter. Over the years I have come to honour the degree to which the young skaters have adapted to the influx of so many other uses of the rink house. I also love how much the rink house has become a meeting place for people with young kids, whether they come to skate or not (obviously I have taken steps to help foster that development). But I think that discreet (not hidden) breastfeeding is one measure of respect in return.

I find it a good joke, on me, that someone is intimating they might report me to the Human Rights Commission. When I think of the politics my friends and I did when our kids were babies, about breastfeeding! The fact is, things are much easier now, and there were many babies being breastfed last night at Friday Night supper (Herschel Stroyman commented that we should rename this part of town "Fertility Crescent"). Breastfeeding is as natural as breathing. It is, however, a PART of social existence, not the whole of it. The social fabric is made of many interesting bits of quilt -- yes?

Jutta Mason


Councillor Adam Giambrone

[From City Councillor Adam Giambrone, posted on the Dufferin Grove Friends list serve:] Thank you for alerting me to the incident at the rink house on January 7 and your messages of concern. Clearly, a woman has the right to breastfeed in a public facility, and the incident has raised questions about how Parks and Rec ensures that this right is respected.

I therefore wrote the Acting General Manager of Toronto Parks and Recreation on Sunday, January 9, to ask about their policies and procedures which ensure that all Parks and Rec staff and volunteers know and meet their obligations specifically to nursing mothers, and to all other groups protected by the Human Rights Code. I have further made it clear that adherence to such policies and procedures is of the utmost importance in our public facilities.

I'm heartened to see the support our community has shown for nursing mothers in our Parks and Rec facilities, and I am hopeful that it will lead to a positive and respectful resolution.

Councillor Adam Giambrone
Ward 18--Davenport

From Councillor Adam Giambrone, 24 January 2004

Dear Friends of Dufferin Grove Park:

Over the years, you have repeatedly demonstrated a remarkable ability to find wiggle room in the park and turn it into genuine community space. Our neighbourhood groups and individuals have benefited enormously from your innovations with shared-use facilities, and your efforts have won our continued heartfelt respect and appreciation.

It is with respect, therefore, that I am requesting your cooperation in ensuring that the right of any woman to breast-feed in any place or manner she sees fit is respected without challenge in Dufferin Grove Park. The decision to encourage a nursing mother to "cover up" a little more or move to a more discreet location contravened the mother's rightful expectation of dignified and respectful treatment in a public facility.

When it comes to human rights like those afforded to breast-feeding mothers, there is no wiggle room to be found. Nor should there be. Many people have worked hard to secure these rights in the Ontario Human Rights Code, and consequently in Parks and Recreation policy, and I do not believe we should have a part in trying to scale them back. The Ontario Human Rights Commission's "Policy on Discrimination Because of Pregnancy" (attached) is clear:

"The Code prohibits discrimination in "services, goods and facilities" against women who are breast-feeding. This means that a woman cannot be prevented from breast-feeding a child in, for example, a public area or restaurant. She also cannot be asked to move to a more "discreet" area to breast-feed a child."

To deny a woman in Dufferin Grove Park freedoms she would enjoy in any other Parks and Recreation facility in the City of Toronto seems to me to be contrary to the spirit of the Friends of Dufferin Grove Park.

I have requested that Parks and Recreation provide the woman whose breast-feeding choices were challenged with:

  1. An apology
  2. Assurances that she is welcome to participate in the activities at Dufferin Grove Park while nursing her child however she sees fit, and
  3. An invitation to report any future breast-feeding challenges by staff or volunteers directly to Parks and Recreation Management for resolution.

I have asked Parks and Recreation for the apology because they are directly accountable for the implementation and oversight of City policy, including Human Rights policy, in the park and rink house. I refer you to their letter of 14 January 2005 (copied,) in which they advise you that your policy on breast-feeding in public facilities, as posted on your website, conflicts with Parks and Recreation's. In the end, if we expect Parks and Recreation to be accountable for all activities in the park, then City policy must prevail.

Again, I ask for your cooperation in this matter, and I look forward to a return to the positive and inclusive environment for which our community has become well known.

Yours truly,

[original signed by:]

Councillor Adam Giambrone
Ward 18-Davenport

Copy:

Mayor David Miller
Jutta Mason
Erika Ross
Brenda Librecz, Toronto Parks and Recreation
Don Boyle, Toronto Parks and Recreation
James Dann, Toronto Parks and Recreation
Joanne Gilmore, Toronto Public Health

Parks and Recreation Department

posted January 24, 2005

From: Don Boyle, Director of Parks and Recreation, South District.January 14, 2005

Re: Breastfeeding Policy within City of Toronto Facilities

Dear Friends of Dufferin Grove Park,

In reviewing the Friends of Dufferin Grove January 2005 newsletter, it has come to our attention that the newsletter contains an article entitled, "Breastfeeding Etiquette in the Shared-use rink House." Please be advised that the information provided in this article is not in accordance with policies and procedures that the City of Toronto, Parks and Recreation adheres to in the operation of its public facilities.

The City of Toronto, operates all public facilities in accordance with Human Rights outlined in the Ontario Human Rights Code. These rights, along with City of Toronto policies work to achieve the greatest possible use of public facilities for all users.

The policy surrounding breastfeeding in public facilities states that a mother has a right to breastfeed anywhere, at anytime and in any manner that she sees fit. The following two excerpts from the City of Toronto Policy as well as the Ontario Human Rights Code, demonstrate this right.

City of Toronto policy on breast feeding on city premises

"A reasonable effort must be made to secure a designated private space appropriate for breastfeeding or expressing breast milk for employees (individuals) who request it. The designated space may be multi-purpose, provided that alternative space is readily available if that space is in use."

Ontario Human Rights Code

"You have rights as a nursing mother. For example, you have the right to breastfeed a child in a public area. No one should prevent you from nursing your child simply because you are in a public area. They should not ask you to 'cover up' disturb you, or ask you to move to another area that is more 'discreet'."

Staff are aware of these policies and strive to uphold them. Please be advised for future occurrences, that the Friends of Dufferin Grove and other volunteers abide by City of Toronto policy. Thank you again for your attention in this matter.

Yours truly,

Don Boyle
Director, Parks and Recreation, South District

C.C
Mayor David Miller, City of Toronto Mayor.
Councillor Adam Giambrone Ward 18 Davenport
Brenda Librecz, General Manager, Parks and Recreation.
James Dann, Manager, Parks and Recreation South District, West Region

From Don Boyle, Director of Parks and Recreation, South District, January 31, 2005

Re: Breastfeeding Policy within City of Toronto Facilities

Dear Jutta:

Under the City of Toronto's Human Rights and Harassment Policy, every person has a right to equal treatment with respect to City services and facilities, without discrimination or harassment because of sex. This right is also required under the Ontario Human Rights Code. A number of human rights cases have established that protection from discrimination or harassment on the basis of sex includes a woman's right to breastfeed. Equal treatment with respect to City services and facilities means that a nursing mother is entitled to, for example, watch a hockey game, supervise the activities of her other child(ren) in a recreation centre, and participate equally in community events at City facilities. The preferences or discomfort of other people, or the original use of the space cannot be used to justify a violation of human rights law. Any accommodation must respect the dignity of the individual; limiting breastfeeding to the washroom or providing screens because of some people's discomfort would be a contravention of human rights principles.

Members of the public are expected to adhere to the City's policies on City premises. Toronto Parks & Recreation is committed to upholding both the letter and the spirit of the Ontario Human Rights Code as it relates to this issue, including the Ontario Human Rights Commission's Policy and Guidelines on breastfeeding as supported by Toronto Public Health. I have attached a 2000 Press Release and Fact Sheet which supports this.

You also address the definition of harassment. Under the City's policy, harassment can arise from one incident or a series of incidents. Ms. Ross would have a legitimate complaint under the City's policy if she felt harassed by a staff member who asked her to cover up or move somewhere more private while breastfeeding on City premises.

The reference in the Dufferin Grove Park newsletter to etiquette and practice were interpreted by some people as reflecting the City's policy. The City has taken, and will continue to take steps to clarify that breastfeeding in public is permitted on City premises and that there is no policy regarding the appropriate method or technique to use.

Don Boyle
Director, Parks and Recreation
South District

C.C Mayor David Miller
Councillor Adam Giambrone, Ward 18
Brenda Librecz, Parks & Recreation
Joanne Gilmore, Public Health
James Dann, Parks & Recreation

From Jutta Mason, Jan.31, 2005:

Dear Don, You will note that in the February newsletter and on our web site I have made the "policy" question very clear, for whoever might still wonder about it: Breastfeeding Etiquette in the Shared-Use Rink House

Please note, as well -- if you look up "etiquette" in the dictionary, you will find that it is in no way, and never, synonymous with "policy."

You persist in not addressing my question. I will frame it again. The rink house has always been an "anywhere" "anytime" place for breastfeeding, probably more so than most of your other facitlities, certainly more so than all your other rinks. That's why we have had and continue to have so many breastfeeding mothers there.

My question is about the third term, "anyway." Your policy seems to say that if a woman were to decide to breastfeed her baby at our rink with no clothes on at all, anyone who tried to screen this activity would be disciplined. I would like to know if that's what you mean. Please tell me straight, yes or no.

Jutta

From Don Boyle, to Jutta Mason, Feb.1 2005:

I will be short and direct in my response to you.

Your question "if a woman were to decide to breastfeed her baby at our rink with no cloths on at all, anyone who tried to screen this activity would be disciplined. I would like to know if that's what you mean. Please tell me straight, yes or no." troubles me deeply.

Your desire for further and further clarification (including your question above) to an issue we have clearly explained is preposterous.

A woman's right to breastfeed is protected under the City of Toronto's Human Rights and Harassment Policy as well as the Ontario Human Rights Code. A woman has the right to be topless in public.

We must recognize / respect these rights and move forward.

Don

From Jutta Mason:

Don, I see that the question you have *not* answered for our legal committee is this:

"In particular, we would like a copy of the City's protocol for investigating, fact-finding, adjudicating and communicating its decisions in response to complaints alleging breaches of people's human rights."

It is evident that there is a gap between what you assume I did or said to Ms.Ross, and my recollections of the event. This gap is no wonder, since I was never invited to any meeting at which the City worked out its response, nor asked for my version. I told the story to James Dann but from what I understand, he was not present at the meeting where you or the Councillor or Public Health discussed your response.

We have as yet had no direct response from the general manager to the inquiry letter the committee sent her. Therefore we will now send a letter to the C.A.O., requesting that she begin the process of a proper investigation into what happened, and a review of the policy statements that were issued. This is of importance partly because of the way that I was treated, and partly because the recreation staff need clarification so that they can carry out their task, which is -- as your first policy letter said -- "to achieve the greatest possible use of public facilities for all users."

Jutta

From Don Boyle to Jutta Mason, Feb.15, 2005:

I will direct your request to our Human Rights Office this afternoon.

Further to your e-mail, I would like to remind you that the issue of breast feeding at Dufferin Grove was not brought to our attention as a human rights issue, but rather as a breast feeding issue.

James Dann met with you based on my direction to obtain background on the issue. James and I met shortly after to discuss the background before meeting with the local councillors office. James Dann, Adam and I met to discuss the over-all issue and determine next steps.

The resident who notified us of the issue was simply looking for an apology, wanted to ensure that other women could continue to attend park events without fear of harassment and wanted us to put in place an initiative to educate staff and volunteers on the rights of women breast feeding.

My original letter to you clarified the City of Toronto position with respect to breast feeding and addressed how your newsletter failed to meet that position.

Further to your emails, I have again consulted with the City of Toronto's Human Rights Office and Human Resources Division and I provide you the following:

The City does not have a formal policy on breastfeeding on City property. However, under both the City's Human Rights and Harassment Policy and the Ontario Human Rights Code, the City is obligated to provide equal access to City services and facilities to every person without discrimination or harassment on the basis of a number of prohibited grounds. One of those grounds is sex and a number of human rights cases have established that this includes protection from discrimination and harassment of a woman who is breastfeeding.

The Ontario Human Rights Commission's Policy on Breastfeeding states that "The Code prohibits discrimination in "services, goods and facilities" against women who are breast-feeding. This means that a woman cannot be prevented from breast-feeding a child in, for example, a public area or restaurant. She also cannot be asked to move to a more "discreet" area to breast-feed a child." The City of Toronto, though its Public Health Department, has publicly endorsed this position and stated that "women and children have the right to breastfeed in public places. These rights include: the right of women to breastfeed whenever and wherever their babies are in need."

A question has been asked as to whether the breastfeeding policy means that nursing mothers are exempt from any clothing restrictions whatsoever. The intent of the policy is to protect nursing mothers from being prevented from having equal access to City facilities and services because others are uncomfortable. If there is a legitimate rule regarding clothing requirements, for example some stores and restaurants say 'no shirt, no shoes, no service', there must be flexibility built into that rule that does not limit nursing mothers' access to those services and facilities. Any accommodation for nursing mothers must respect the dignity of the individual; limiting breast feeding to the washroom or screening the nursing mother from the rest of the area and would be a contravention of human rights principles.

There may be some accommodations that do not interfere with the dignity of the individual, and these would need to be assessed on a case by case basis. The opinions, preferences, or discomfort of other people cannot interfere with a human right, including the right to breastfeed in public. Any rules related to City premises must adhere to the Ontario Human Rights Code and the City's Human Rights and Harassment Policy.

I've attached a copy of the City's Human Rights and Harassment Policy in both PDF and Word Document format, as well as the City's and OHRC's press releases on the OHRC's breastfeeding policy. I've also included links to the OHRC's breastfeeding policies.

www.ohrc.on.ca/english/guides/pregnancy-breastfeeding.shtml
www.ohrc.on.ca/english/publications/pregnancy-policy.shtml

Yours truly,

Don Boyle

From Jutta Mason to Don Boyle, Director of Parks and Recreation, South District, March 2,2005:

Hello Don, as the human-rights meeting that a number of us have asked for has not come about, I will therefore respond to your e-mail below as though I had been invited to a conversation. I have high-lighted certain parts of your text. Please let me know if you are able to forward this e-mail to the City's Human Rights Office and to Public Health. I need to know -- explicitly -- whether the City departments/divisions which made a public response to this human rights incident are unwilling to discuss the details in a meeting, as we requested. If I don't hear back from them, I will assume that the answer is a "deemed refusal."

Don: I have again consulted with the City of Toronto's Human Rights Office and Human Resources Division and I provide you the following:

The City does not have a formal policy on breastfeeding on City property. However, under both the City's Human Rights and Harassment Policy and the Ontario Human Rights Code, '''the City is obligated to provide equal access to City services and facilities to every person without discrimination or harassment on the basis of a number of prohibited grounds'''.

Jutta: The issue was NEVER where or when, always "how." Breastfeeding with a degree of disrobing that is not essential to breastfeeding is a STYLE choice. If that style choice drives people of other religions (e.g.Muslims, common at Toronto facilities) from the rink house, there is a human rights infraction on other prohibited grounds -- people of other religions (age is another prohibited ground) lose their equal access to city facilities. In Toronto, this is a very important issue, and Parks and Recreation has particular stewardship of (and responsibility for) equal access to public space.

Don:One of those grounds is sex and a number of human rights cases have established that this includes protection from discrimination and harassment of a woman who is breastfeeding.

The Ontario Human Rights Commission's Policy on Breastfeeding states that "The Code prohibits discrimination in "services, goods and facilities" against women who are breast-feeding. This means that a woman cannot be prevented from breast-feeding a child in, for example, a public area or restaurant. She also cannot be asked to move to a more "discreet" area to breast-feed a child." '''The City of Toronto, through its Public Health Department, has publicly endorsed this position and stated that "women and children have the right to breastfeed in public places. These rights include: the right of women to breastfeed whenever and wherever their babies are in need.'''"

Jutta: Exactly. This right was NEVER contravened at the rink. Our park is "breastfeeding central" -- a widely known fact -- and no one has EVER been stopped from breastfeeding, wherever and whenever they chose. It's the unusual degree of disrobing that I tried to stop.

Don: A question has been asked as to whether the breastfeeding policy means that nursing mothers are exempt from any clothing restrictions whatsoever. The intent of the policy is to protect nursing mothers from being prevented from having equal access to City facilities and services because others are uncomfortable. If there is a legitimate rule regarding clothing requirements, for example some stores and restaurants say 'no shirt, no shoes, no service', there must be flexibility built into that rule that does not limit nursing mothers' access to those services and facilities. Any accommodation for nursing mothers must respect the dignity of the individual; limiting breast feeding to the washroom or screening the nursing mother from the rest of the area and would be a contravention of human rights principles.

Jutta: I think you will find no cases to support the idea that screening an unusual degree of public disrobing is against the dignity of the individual. Not even the Gwen Jacob (topless equality) case.

Don: There may be some accommodations that do not interfere with the dignity of the individual, and these would need to be assessed on a case by case basis.

Jutta: Exactly. My request to the city has been that all official statements, City apologies to the "victim" and so on, should be suspended until rink staff who were there and I can meet with the relevant city staff and tell another version of what happened on Jan.7. This request has been ignored, and so opportunities to address the issue in its entirety have been missed. The issue is complex -- it is not a "no-brainer."

Don: The opinions, preferences, or discomfort of other people cannot interfere with a human right, including the right to breastfeed in public.

Jutta: Except when the discomfort stems from religion or age -- then you have a competing human rights interest and it must be dealt with.

Don: Any rules related to City premises must adhere to the Ontario Human Rights Code and the City's Human Rights and Harassment Policy.


Toronto Public Health

Thank you for your e-mail in response to the recent incident at Dufferin Grove Park.

Toronto Public Health has a mandate to promote and support breastfeeding as the natural and ideal way to feed a baby. We support a woman's right to breastfeed whenever and wherever she feels comfortable. We also want children to have the healthiest start in life possible so they can develop to their full potential.

Women have the right to decide where and when to breastfeed and to be supported in this decision. The Ontario Human Rights Code is clear that women have the right to breastfeed a child in any public area.

The promotion of breastfeeding is an important component of Toronto Public Health's Healthy Families programs. Our services are delivered as part of the Baby-Friendly Initiative which is deigned to:

  • ensure that families are aware of the benefits of breastfeeding so they can make informed decisions,
  • ensure that health care providers can provide full and competent support to breastfeeding women, and
  • create an environment and community culture that supports breastfeeding families.

We believe that Toronto Parks and Recreation staff are handling this matter in an appropriate way. A copy of their recent letter to the Friends of Dufferin Grove Park is attached for your information.

Thank you again for your comments and concern.

Joanne Gilmore
Manager, Healthy Families
Toronto Public Health

Dear Joanne Gilmour,

I wonder if you could let me know the specific way in which our practices at Dufferin Grove park disagree with the letter that you have cc'd to our web site many times today. The practices are outlined at [ed. our january newsletter].

I am a bit mystified. Besides the fact that I have worked for quite a long time to make the rink house a place that welcomes people with young children (including breastfeeding mothers, of whom there are many more, happily breastfeeding, at our rink than in any other Toronto rinks), what puzzles me is that the issue here has never been whenever and wherever, but HOWEVER. I.e. the issue is not whether a woman can breastfeed her baby but whether she can choose a style of breastfeeding that reveals a good deal more of her unclothed body than is needed to nourish her baby.

I believe the city's position is that a breastfeeding woman has absolute liberty to choose her amount of undress. If I read the wording correctly, this would go right up to nudity. Obviously that's unlikely to happen, but since this whole issue has gone into the policy and legality area, the legal meanings have to be faced. I gather that the city's position in the precise form enunciated by Don Boyle has not been tested in the courts. That's another reason why I am hoping for a reply from you, to my question at the top of this letter.

Jutta Mason

P.s. just in case you'd like to see the other aspects of our rink house, not detailed by the small band of rights activists who have been writing to the city, feel free to come by and have a cup of coffee sometime. The rink number is 416 392-0913. You could even come to Friday Night Supper tonight. Just ask anyone to point me out, and I'd be happy to introduce you to some of the people who use the park

Dear Ms. Mason,

Thank you for the email you sent to me on January 28, 2005.

Specific questions regarding the practices at Dufferin Grove Park should be forwarded to Don Boyle with Toronto Parks and Recreation. I feel that his January 31st letter addresses your issues.

Joanne Gilmore<br> Manager, Healthy Families
Toronto Public Health


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