Frank Cira v. Barbara Minshall Racing Stable, 2008 HRTO 243

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Frank Cira

Applicant

-and-

Barbara Minshall Racing Stable, Barbara Minshall and Lorenzo Trabucco

Respondents

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: November 7, 2008

Citation: 2008 HRTO 243

Indexed as: Cira v. Barbara Minshall Racing Stable

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto ON M7A 2C7 Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1This is an Application filed July 4, 2008 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (‘the Code”). The material before the Tribunal raises an issue of whether the Tribunal has any jurisdiction over the matters raised in the Application.

2The Application appears to allege that the respondents discriminated against and/or harassed the applicant in respect of employment on the grounds of place of origin and record of offences. However, the Application, which is handwritten, is largely illegible and to the extent that it is legible, is difficult to understand. As a result, the Tribunal cannot reliably ascertain what the applicant is alleging the respondents did to violate his rights under the Code, whether he alleges that he has a “record of offences” within the meaning of the Code or how he alleges his place of origin and/or record of offences played a role in discrimination or harassment by the respondents.

3The respondents assert that the applicant was not employed by the institutional respondent, nor was he a co-worker of the personal respondent, Mr. Trabucco. The respondents assert that the Application is largely illegible and that it is therefore difficult for them to respond to the Application. They deny, in a general way, any violations of the Code and describe what they claim was their entire contact with the applicant, which they assert was very limited and not “with respect to employment” within the meaning of the Code.

4The Tribunal’s power to hear and determine human rights applications is based on the Code, which, among other things, prohibits discrimination and harassment with respect to employment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. The Tribunal does not have a general power to inquire into claims of unfairness which are not covered by the Code.

5In order to resolve the threshold question of whether the subject matter of the Application relates to matters covered by the Code and is within the power of the Tribunal to decide, the Tribunal directs the applicant, Mr. Frank Cira, to provide legible written submissions explaining: (1) how the respondents’ actions constituted discrimination or harassment “with respect to employment”; (2) how the respondents discriminated against or harassed him on the basis of his place of origin; and (3) whether he has a “record of offences” within the meaning of section 10 of the Code and how the respondents discriminated against or harassed him on that basis. Preferably, the written submissions should be typed, but, if not typed, they must be carefully and clearly printed so that they are fully legible.

6Within 20 days of the date of this decision, the applicant must deliver his submissions to the respondents and file them with the Tribunal. If the applicant does not provide submissions by this date or if the applicant’s written submissions do not, on their face, raise matters that are within the Tribunal’s power to decide, the Application may be dismissed. The respondents are not required to make submissions at this stage, unless and until directed to do so by the Tribunal.

7The Tribunal draws the applicant’s attention to the “Applicant’s Guide” and in particular to sources of legal assistance and representation available to applicants, including support that may be available through the Human Rights Legal Support Centre. The Guide and links to other sources of information are available on the Tribunal’s website, www.hrto.ca, or from the Registrar whose contact information is contained on the cover page of this decision.

8I am not seized of this matter.