Carolyn Jenkins

The applicant, an Aboriginal man, alleged discrimination and reprisal by the respondent Children's Aid Society after a family service worker asked him if he had been drinking during a telephone call.

The applicant claimed the question was racially offensive and that the respondent subsequently limited his email correspondence in reprisal for his complaints.

The Human Rights Tribunal of Ontario dismissed the application, finding that the worker's question was reasonably based on the applicant slurring his words and her child protection mandate.

The Tribunal also found no evidence of discriminatory treatment or reprisal, noting that the decision to limit the applicant's emails was made prior to the incident in question.

The applicant alleged that the respondent Children's Aid Society discriminated against him on the basis of race, ancestry, and ethnic origin by failing to involve his band and community and failing to become familiar with his Haudenosaunee traditions, contrary to Part 10 of the Child and Family Services Act.

The respondent requested early dismissal of these allegations under section 45.1 of the Human Rights Code, arguing they had been dealt with by the Child and Family Services Review Board (CFSRB).

The Tribunal dismissed the allegations, finding that a prior CFSRB decision and a subsequent settlement agreement before the CFSRB appropriately dealt with the substance of the application.

The applicant was directed to provide particulars regarding his remaining reprisal allegations.