Richard Theisen v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Sean Cunningham, Steve Brady and Nicole Holmes, 2009 HRTO 1058

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Theisen

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of the Attorney General, Sean Cunningham, Steve Brady and Nicole Holmes

Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta

Date: July 16, 2009

Citation: 2009 HRTO 1058

Indexed as: Theisen v. Ontario (Attorney General)

1This is an Application filed on May 27, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code"). The material before the Tribunal raises an issue of whether the Tribunal has any jurisdiction over the matters raised in the Application.

2It appears that several events led the applicant to make this Application, including allegedly abusive behaviour of fellow students at a college program and interactions with the courts and the Crown Attorney's office on a matter relating to criminal charges. In filling out the Application, the applicant has checked off the parts of the form indicating discrimination in the area of employment, goods, services and facilities and membership in a vocational association.

3In the narrative, the applicant alleges that he was subject to harassment and ill treatment during his time at college and despite his complaints, no investigation took place. He also alleges that he was charged and convicted of an offence relating to events arising out of his troubled relationships with fellow students at the college. He appears to take issue with the process that led to his conviction and the subsequent dismissal of his appeal. His allegations centre on the actions of a Crown Attorney, the Court of Appeal and fellow college students.

4The Tribunal does not have a general power to evaluate relationships between individuals, nor does it act as an appellate body for criminal matters. It hears applications that allege violations of the Code.

5Under s. 1, 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.

6In employment, s. 5(1) of the Code prohibits discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.

7The Code also provides that a person has a right to equal treatment with respect to membership in any trade union, trade or occupational association or self-governing profession and prohibits discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

8It is not apparent from any of the applicant's allegations how any of the respondents provided a good, service or facility to the applicant, or discriminated against him in relation to a vocational association. In view of the material before it, the Tribunal requests the applicant's submissions on the issue of its jurisdiction to hear his Application. The applicant should explain how his Application raises matters which the Tribunal has the power to decide. In particular, the applicant should explain how the alleged actions of the respondents amount to discrimination in the provision of a good, service or facility, or in relation to membership in a vocational association. The applicant's submissions should be filed with the Tribunal within 30 days of receiving this decision.

9The Tribunal is in receipt of submissions from the applicant regarding the delay in filing the Application. Following receipt of the applicant's further submissions on the issues identified above, the Tribunal will consider whether to dismiss or proceed with the Application, or give further directions on the processing of the Application.

10The applicant may wish to consult the Applicant's Guide, available on the Tribunal's website or from the Registrar's office. Pages 2-3 of the Guide set out sources of assistance that may be available to him. The website address and the Registrar's contact information are set out on the cover page of this decision.