Collin Lawrence v. Toronto Police Services Board, 2009 HRTO 1645

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Collin Lawrence

Applicant

• and-

Toronto Police Services Board

Respondent

INTERIM decision

Adjudicator: Ena Chadha

Date: October 9, 2009

Citation: 2009 HRTO 1645

Indexed as: Lawrence v. Toronto Police Services Board

1This Application was filed on May 15, 2009, under section 34 of Part IV of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in the provision of services by the respondent Toronto Police Services Board (“TPSB”) and three unnamed police officers because of race, colour, ancestry, place of origin, ethnic origin, sex and age.

2The applicant alleges that he was subjected to racial profiling when the vehicle he was driving was stopped, he was threatened with a taser and he and the vehicle were searched by the unnamed police officers on May 17, 2008.

3The respondent filed a Response dated August 25, 2009, denying any responsibility or liability with respect to the allegations of discrimination.

4The purpose of this Interim Decision is to address the following two issues:

(a) The request of the TPSB that this Application be dismissed on the basis that the TPSB is not liable for the conduct of individual officers; and

(b) The status of the individuals identified by the applicant as “unnamed officers” on the Application form.

5The TPSB argues that there are no allegations of wrongdoing by the TPSB that would form the basis for a finding that the Code was violated by the TPSB. The TPSB further submits that it is not vicariously liable for the actions of police officers, and as such, the Application should be dismissed as against the TPSB.

6The issue of the liability of the TPSB is not a matter to be addressed on a preliminary basis. The Application should be processed in accordance with the Tribunal’s regular process.

7Although the applicant indicated that one unnamed male police officer was number “00416”, the applicant did not provide the names and addresses of the three officers. Consequently, the Application has not been served on the individual officers because of this lack of information regarding identity of these personal respondents.

8Pursuant to Rule 1.7(p) of the Rules of Procedure, the Tribunal has the power “to require a party or other person to produce any document, information or thing” in order to ensure the fair, just and expeditious resolution of an application. If the applicant intends to pursue the Application against the individual unnamed officers, the applicant may wish to file a Request for Order pursuant to the Tribunal’s Rules asking that the Tribunal consider exercising its power under Rule 1.7(p) to require that the respondent provide the names and contact information of the three unnamed police officers.

9I am not seized of this matter.