Sota v. Ontario (Attorney General), 2009 HRTO 1160

Human Rights Tribunal of Ontario

B E T W E E N:

Hervé Sota Applicant

-and-

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

DECISION

Adjudicator: David A. Wright Date: July 28, 2009 Citation: 2009 HRTO 1160 Indexed as: Sota v. Ontario (Attorney General)

1In this Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), the applicant alleges that his conviction and sentencing by a judge of the Superior Court of Justice for sexual assault constitutes discrimination in the provision of goods, services and facilities on various grounds.

2The Application has not been delivered to the respondent, whose name is corrected as shown in the style of cause. The Tribunal issued a Notice of Intent to Dismiss seeking submissions from the applicant about whether the Application is within the Tribunal’s jurisdiction. It noted that the Tribunal has held that “services” within the meaning of the Code does not include the outcome or decision resulting from adjudications by other statutory bodies, including the courts. It directed the applicant to the relevant caselaw. The applicant did not make submissions in response.

3The content, reasons and result contained in a decision of a judge of the Superior Court, like those of an administrative tribunal, are not a “service” within the meaning of s. 1 of the Code: see, for example, Baird v. Workplace Safety and Insurance Board, 2009 HRTO 99 and Christianson v. Ontario (IPC), 2009 HRTO 203. Accordingly, the Tribunal has no jurisdiction to deal with the allegations in this Application. An avenue for the applicant to challenge the decision would have been an appeal.

4The Application is dismissed.