HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Anthony Sparkes
Applicant
-and-
Brampton Community Legal Services
Respondent
INTERIM DECISION
Adjudicator: David A. Wright
Indexed as: Sparkes v. Brampton Community Legal Services
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). It has not yet been delivered to the respondent. It appears that the applicant alleges that the respondent legal clinic discriminated against him on the basis of disability in the provision of goods, services and facilities by failing to agree to represent him in a proceeding or claim involving the Ontario Disability Support Program (“ODSP”).
2When asked, on the Application form, why he believes he was discriminated against on the basis of disability, the applicant states, “Because the way my weight is and they think that I can handle this on my own”. When asked if he has particular needs related to his disability, he states “diet”. When asked what happened, he states “they said they didn’t have enough time and enough manpower”.
3The Tribunal does not have the power to deal with general allegations of unfairness in the provision of services, or with whether organizations that provide services to members of groups should provide such services to specific individuals. The Tribunal can only determine whether there has been discrimination on a ground specified in the Code. Section 1 of the Code, which deals with discrimination in goods, services, and facilities, reads as follows:
Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.
4It appears that the applicant may be alleging that the respondent did not represent him in a case involving his disability and the ODSP. It is not clear, however, that he alleges that Brampton Community Legal Services discriminated against him on the basis of disability, and, if so, why he believes that any denial of legal services was discrimination on the basis of disability.
5The applicant is directed to send the Tribunal a letter by July 25, 2009, copied to the respondent, that explains exactly how he alleges that Brampton Community Legal Services discriminated against him on the basis of disability, and explains why, in his submission, these allegations fall under s. 1 of the Code. The Tribunal may then consider whether the Application raises matters which the Tribunal has the jurisdiction (power) to decide. If the Tribunal finds that the applicant has not made allegations that fall under s. 1 of the Code or if the applicant fails to make submissions in accordance with this direction, the Application may be dismissed.
6The Tribunal will send the respondent a copy of the Application together with this Interim Decision. The respondent need not take any steps unless directed to do so by the Tribunal.
7I am not seized.
Dated at Toronto, this 9th day of July, 2009.
“Signed By”
David A. Wright
Vice-chair
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