Theresa Sutherland and Diane Plourde v. District School Board Ontario North East, 2009 HRTO 1726

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Theresa Sutherland

Applicant

-and-

District School Board Ontario North East

Respondent

-and-

Wahgoshig First Nation

Intervenor

AND B E T W E E N:

Diane Plourde

Applicant

-and-

District School Board Ontario North East

Respondent

-and-

Wahgoshig First Nation

Intervenor

interim DECISION

Adjudicator: Kaye Joachim

Date: October 21, 2009

Citation: 2009 HRTO 1726

Indexed as: Sutherland v. District School Board Ontario North East

1These Applications were filed in June 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The parties agreed that it would appropriate to process the Applications together.

2The Wahgoshig First Nation ("WFN") filed a Request to Intervene to which the applicant has not objected. The respondent agreed to the intervention, but not to the extent of intervention requested.

3The respondent is concerned that the WFN has attempted to expand the subject matter of the Applications. The Applications relate to the termination of the services provided by the applicants on behalf of the WFN Union to the respondent. The Applications relate to the personal treatment of the applicants and some specified incidents which they state poisoned their work environment (some of which are considerably dated). However, these Applications do not raise broad systemic issues of discrimination against WFN students in general and the Intervenor will not be permitted to expand the scope of the Applications.

4The Tribunal's Rule 11.1 provides:

11.1 The Tribunal may allow a person or organization to intervene in any case at any time on such terms as the Tribunal may determine. The Tribunal will determine the extent to which an intervenor will be permitted to participate in a proceeding.

5The Request to Intervene is granted. The extent of the WFN's participation in any future proceedings will be determined by the Vice-chair or Member who presides over those proceedings, subject to my ruling that the WFN will not be permitted to expand the subject matter of the Applications.

6I am not seized.