Macanovic v. Toronto Police Services Board, 2009 HRTO 18

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jemila Macanovic

Complainant

-and-

Ontario Human Rights Commission

Commission

-and-

Toronto Police Services Board

Respondent

and

Toronto Police Association

Intervener

INTERIM DECISION

Adjudicator: Sherry Liang

Date: January 7, 2009

Citation: 2009 HRTO 18

Indexed As: Macanovic v. Toronto (Police Services Board)

WRITTEN SUBMISSIONS BY

Jemila Macanovic, Complainant ) On her own behalf

The Ontario Human Rights ) Sharon Ffolkes Abrahams, Counsel Commission, )

Toronto Police Services Board, ) Robert J. Baldwin, Counsel Respondent )

Toronto Police Association, ) David Butt, Counsel Intervener )

William Blair, Chief of Police ) Sie-Wing Khow, Counsel

1In this complaint made under the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”), the Commission has requested production, among other things, of the following documents:

A copy of any/all minutes, notes, memoranda, documents, reports and things that relate to the complaints filed by Ms. Jemila Macanovic in 2003-2005;

Copies of all complaints filed by Ms. Macanovic under the Police Services Act between 2003-2005.

2The complainant requests production of the same records, up to 2008.

3The Tribunal is scheduling an oral hearing to receive submissions from the parties, as well as from the Chief of Police who has been given notice of the production requests. The purpose of the hearing is set out in the Tribunal’s previous interim decision in this matter [2008 HRTO 220].

4The Toronto Police Association (TPA) has requested leave of the Tribunal to intervene, for the purpose of making submissions on the production of the above documents. The complainant and the Commission object to the participation of the TPA. The respondent and the Chief of Police consent to the request.

5Given the nature of the issues, the potential impact on the members of the TPA and the TPA’s ability to provide the perspective of its members on these issues, I find it appropriate to grant the request to intervene on the limited basis described.

6The Tribunal requests that the TPA file its written submissions on the production request by January 16, 2008, copied to all parties. Copies of the submissions of the respondent (December 1, 2008), the Chief of Police (December 1, 2008), the complainant (December 15, 2008), the Commission (December 17, 2008), the amended submissions of the complainant (December 18, 2008), and the further amended submissions of the complainant (December 23, 2008) will be sent to the TPA along with this interim decision.

7The Tribunal requests that all parties date their submissions on the cover of the submissions, in addition to any date on their covering letters.