HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Elizabeth Martinez
Applicant
-and-
The Regional Municipality of Peel Police Services Board
Respondent
INTERIM decision
Adjudicator: Ena Chadha
Indexed as: Martinez v. Peel Police Services Board
Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto ON M7A 2A3 Phone 416-326-1312 / 1-866-598-0322 / Fax 416-326-2199 / Toll Free1-866-355-6099 TTY 416- 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in services on the basis of race, colour, ethnic origin and age.
2The respondent seeks an order deferring this Application on the basis that the subject matter of the Application is also currently the subject of criminal court proceedings. The respondent indicates that this matter commenced before a criminal court on October 10, 2008 and was set to continue on November 7, 2008 for the purposes of scheduling trial dates.
3The Application includes facts involving criminal charges and, in this regard, the applicant indicates in her Application that she also intends to submit a complaint to the Ontario Civilian Commission on Police Services.
4The Tribunal may consider deferral of this Application until the matter before the criminal court is resolved or concluded. Pursuant to Rule 14 of the Tribunal’s Rules of Procedure for Applications under Part IV of the Code, the Tribunal will give the parties notice of its intention to consider deferral and an opportunity to make submissions with respect to deferral.
5The applicant is directed to deliver to the respondent and the Tribunal, no later than 14 days from the date of this decision, submissions regarding whether or not this Application should be deferred pending the resolution or conclusion of the criminal court matter. In addition to the submissions the applicant may wish to make with respect to this request to defer, the applicant is further directed to advise the Tribunal as to the status of her complaint, if any, with the Ontario Civilian Commission on Police Services.
6The respondent is directed to provide a response within 7 days of the receipt of the applicant’s submissions and to include in such response any information it has as to the status of the criminal proceeding or complaint to the Ontario Civilian Commission on Police Services, if any.
7The applicant may wish to review the Tribunal’s Rules and Guides to its processes, available on the Tribunal’s website at www.hrto.ca, before preparing her submissions.
8I am not seized of this matter.
Dated at Toronto, this 14th day of November, 2008
“Signed by”
Ena Chadha
Vice-Chair