Lauzon v. Ontario (Community Safety and Correctional Services), 2009 HRTO 521

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Keith Lauzon

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services (Police Support Services), and

Ontario Provincial Police (Career Development Bureau)

Respondents

INTERIM DECISION

Adjudicator: Kathleen Martin

Date: April 28, 2009

Citation: 2009 HRTO 521

Indexed as: Lauzon v. Ontario (Community Safety and Correctional Services)

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) which alleges discrimination on the basis of disability in employment. This Interim Decision addresses a Request for Order During Proceedings (“Request”) filed by the Ontario Association of Chiefs of Police (“OACP”) and Applicant Testing Services (“ATS”) that they be removed as parties to the Application.

2The applicant is an auxiliary (volunteer) member of the Ontario Provincial Police (“OPP”). The Application arises from the applicant’s unsuccessful attempt to become a police constable with the OPP. The applicant was unsuccessful in the pre-interview assessment stage of the selection process because his vision did not meet the requisite standard.

3Two Responses were filed: a joint Response by the OPP and the Ministry of Community Safety and Correctional Services (the “Ministry”); and a joint Response by the OACP and the ATS.

4OACP and ATS assert the respondent Ministry sets and develops standards for police constables in Ontario including the vision requirements at issue in this Application. Neither OACP nor ATS finally determines whether an applicant meets those standards. Further, in this particular case the OPP tested the applicant. In these circumstances the ability of the Ministry and the OPP to respond to and/or remedy the alleged infringement is not contingent on the participation of either OACP or ATS as parties. As a result, no prejudice will be caused by removing them as parties.

5The other parties consent to the Request. Further, the Ministry and the OPP acknowledge that “the Ministry is the appropriate respondent in this matter”.

6Having regard to the submissions made including the consent of the parties, I order that the Ontario Association of Chiefs of Police and Applicant Testing Services be removed as parties and the style of cause be amended accordingly.

7I am not seized of this matter.