Yeta-Yell Samba v. Ottawa Police Service and James Irving, 2009 HRTO 1694

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Yeta-Yell Samba

Applicant

-and-

Ottawa Police Service and James Irving

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: October 16, 2009

Citation: 2009 HRTO 1694

Indexed as: Samba v. Ottawa Police Service

1This is an Application filed December 31, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The underlying complaint was filed with the Ontario Human Rights Commission (“Commission”) on June 17, 2005 and abandoned upon the filing of the current application.

2The respondents submitted that the Tribunal may not deal with this Application because the complaint upon which the Application is based was dismissed by the Commission on September 25, 2007 and the applicant’s request for reconsideration was dismissed by the Commission on October 29, 2008.

3The Tribunal sought submissions from the parties but the applicant did not respond.

Decision

4Section 53 of the Code which provides:

(1) This section applies to a complaint filed with the Commission under subsection 32 (1) of the old Part IV or initiated by the Commission under subsection 32 (2) of the old Part IV before the effective date.

(2) Subject to subsection (3) and despite the repeal of the old Part IV, during the six-month period that begins on the effective date, the Commission shall continue to deal with complaints referred to in subsection (1) in accordance with subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV and, for that purpose,

(a) the Commission has all the powers described in subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV; and

(b) the provisions referred to in clause (a) continue to apply with respect to the complaints, with necessary modifications.

(3) Subject to subsection (4), at any time during the six-month period referred to in subsection (2), the person who made a complaint that is continued under that subsection may, in accordance with the Tribunal rules, elect to abandon the complaint and make an application to the Tribunal with respect to the subject-matter of the complaint. (emphasis added).

5The Tribunal may only accept a complaint that is continued at the time of the section 53 Application. As the Commission had finally disposed of the complaint, by October 29, 2008, there was no continued complaint.

6The Application is dismissed.