HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Garry McKay
Complainant
-and-
Ontario Human Rights Commission
Commission
-and-
Toronto Police Services Board and Christopher Fitkin
Respondents
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: McKay v. Toronto Police Services Board
Human Rights Tribunal of Ontario
655 Bay Street, 14th Floor
Toronto ON M7A 2A3
Phone (416) 314-8419 Fax (416) 314-8743 Toll free 1-866-598-0322
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar-transition@ontario.ca
Website www.hrto.ca
APPEARANCES
Garry McKay, Complainant ) Mandy Eason, Counsel
Toronto Police Services Board and )
Christopher Fitkin, Respondent ) Glenn Chu, Counsel
Ontario Human Rights Commission ) Bay Ryley, Counsel
INTRODUCTION
[1] The Tribunal is in receipt of correspondence from the Ontario Human Rights Commission (the “Commission”), dated September 15, 2008, advising that the respondents in this matter (Toronto Police Services Board and Constable Christopher Fitkin) are unable make disclosure in accordance with the Tribunal’s July 24, 2008 Order because “the Chief has refused the request” to deliver certain documents which are the subject of the Tribunal Order. The Commission asks that the Order, contained in the Registrar’s letter dated July 24, 2008, be re-issued and directed to the Chief of Police for the City of Toronto, William Blair (“Chief of Police”).
BACKGROUND
[2] In and around March 2008, the Commission advised that it required disclosure of certain materials from the respondents. On a May 21, 2008 pre-hearing conference call, counsel for the respondents advised that third parties, including the Chief of Police, may be affected by the Commission’s request for disclosure. A letter from the Registrar, dated May 22, 2008, confirming matters determined on the conference call established timelines for exchange of motion materials, as well as directed the respondents to ensure that the individuals it identified as potentially affected by the disclosure request were notified of the substance of this matter and the Tribunal timelines.
[3] On a pre-hearing conference call held on July 24, 2008, I issued an oral Order granting, in part, the Commission’s request for disclosure. The Tribunal’s Registrar confirmed the Order in a letter dated the same day as the conference call. The Commission’s request was granted in part and the respondents were ordered to provide disclosure of:
(i) Any documents not already disclosed relating the complainant’s July 9,
2003 arrest and
(ii) Any personal records or public complaints in which concerns regarding
race, racial discrimination and/or racial profiling are raised about the personal respondent Fitkin.
4While the Tribunal’s Order, as contained in the Registrar’s July 24, 2008 letter, is sufficient authority to require the disclosure, in these circumstances where the Chief of Police is not named as a separate party to the proceeding, I confirm the Order in this Interim Decision for sake of clarity. In order to facilitate compliance, I extend the deadlines set in the original Order as follows:
- The respondents are required to provide disclosure on or before October
3, 2008.
- The Commission’s Brief and Disclosure is due October 17, 2008.
- The complainant’s Brief and Disclosure due is October 24, 2008.
- The respondents’ Brief and Disclosure is due November 24, 2008.
- Any Reply is due December 1, 2008.
- The pre-hearing conference call will proceed as originally scheduled for
Friday December 5, 2008 at 10:30 am.
Dated at Toronto, this 22nd day of September, 2008.
“Signed by”
Ena Chadha
Vice-Chair