HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Craig Barton
Applicant
-and-
David Miller
Respondent
DECISION
Adjudicator: Mary Truemner
Indexed as: Barton v. Miller
1The applicant filed an Application on August 22, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The Application alleges discrimination in the areas of accommodation and goods, services and facilities on the basis of race and colour. This decision is about whether the Tribunal has any jurisdiction over the matters raised in the Application.
2On October 10, 2008, the respondent filed a Request for an Order During Proceedings seeking several orders, including the dismissal of the Application. The applicant did not respond to the respondent's Request.
3In an Interim Decision, dated October 29, 2008, the Tribunal asked for submissions from the applicant on the issue of its jurisdiction and how the Application raises matters which the Tribunal has the power to decide. Specifically, the Tribunal asked the applicant to identify:
- Who was involved in each event;
- When each event occurred;
- What happened; and
- Why the applicant believes that the events were discriminatory.
4The Interim Decision provided the applicant with information on how to access legal services and referred to the Applicant's Guide, and gave him 30 days to provide the submissions. The Tribunal has not received any submissions from the applicant in response to the Interim Decision.
5The Tribunal's jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation, services, goods and facilities, and employment on the basis of grounds listed in the Code. The Tribunal does not have a general power to inquire into claims of unfairness outside those areas or grounds.
6Aside from identifying the respondent's status as the Mayor of Toronto, the applicant does not explain how the respondent is connected with the events identified in the Application or how the allegations relate to discrimination based on race or colour in the contexts of accommodation and goods, services and facilities. The applicant seems to make allegations about receipt of services from the Toronto Transit Commission and "A Good Shelter." Also, the Application refers generally to "doctors, lawyers, etc." who are "changing," and to the police who the applicant claims are not properly protecting him. There is no information that would assist the Tribunal in understanding the issues as they relate to the respondent and to the applicant's race and colour. In short, it is simply not possible, as the Application is framed, for the Tribunal to understand the nature of the applicant's allegations and how they relate to violations of the Code by the respondent.
7I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, I dismiss the Application.
Dated at Toronto, this 19th day of December, 2008.
"Signed By"
___________________________________
Mary Truemner
Vice-Chair