Christianson v. Ontario (Attorney General), 2008 HRTO 268

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Christianson

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Attorney General

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: November 14, 2008

Citation: 2008 HRTO 268

Indexed as: Christianson v. Ontario (Attorney General)

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 / 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on September 5, 2008. The Application alleges discrimination in the area of goods, services and facilities on the basis of disability as a result of certain statements and Orders made by Judges and Justices of the Peace in the course of court proceedings involving the applicant.

2The Response asserts that:

(a) Complaints about the conduct of the judiciary are not properly the subject matter of proceedings under the Code; and

(b) The adjudication of legal disputes by the courts is not “services” within the meaning of section 1 of the Code.

3The applicant’s Reply does not respond to the above issues raised by the respondent.

4The jurisdiction of the Tribunal is based on the provisions of the Code. The Tribunal does not have a general power to inquire into claims of unfairness that are outside its jurisdiction.

5In a letter to the Registrar dated October 10, 2008, counsel for the respondent requested that this Application be dealt with together with the applicant’s Application in file number 2008-00179-I, which also names Her Majesty the Queen in Right of Ontario as represented by the Attorney General as a respondent. The Tribunal requires submissions from the applicant with respect to this issue.

6Upon receipt of the written submissions required below, the Tribunal will determine the appropriate manner of proceeding, which may include the convening of an oral hearing.

7The Tribunal therefore orders that:

(a) The applicant deliver to the respondent and file with the Tribunal written submissions addressing the issues set out in paragraphs 2 and 4 of this Interim Decision by November 28, 2008;

(b) The respondent deliver to the applicant and file with the Tribunal written submissions in reply to the applicant’s submissions by December 12, 2008.

8I am not seized of this matter.