HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jocelyne Babin
Applicant
-and-
Toronto Police Services
Respondents
DECISION
Adjudicator: Alison Renton
Indexed as: Babin v. Toronto Police Services
1The applicant filed this Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), dated March 9, 2009 as a result of her resignation from employment. The applicant marked “record of offences” and “reprisal” as the alleged grounds of discrimination on her Application form.
2In its earlier Interim Decision, 2009 HRTO 533, the Tribunal identified a threshold jurisdictional issue and directed the applicant to provide written submissions explaining whether she had a “record of offences” within the meaning of the Code. The Tribunal also directed the applicant to provide written submissions setting out the manner in which she alleged that the respondent engaged in reprisal(s) against her. The Interim Decision referred the applicant to the Applicant’s Guide. The applicant has not filed any submissions and the deadline to do so has now passed.
3The Tribunal’s power to hear and determine human rights applications is based upon the Code which, among other things, prohibits discrimination and harassment with respect to employment on the basis of the grounds set out in the Code. The Tribunal does not have a general power to evaluate employment relationships or the reasons for resignations unless affected by a ground in the Code.
RECORD OF OFFENCES
4Section 10(1) of the Code defines “record of offences” as a conviction for:
a) An offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked; or
b) An offence in respect of any provincial enactment.
5The applicant’s narrative does not allege that the respondent discriminated against her on the basis of record of offences. In response to the questions asked on Form 1-A specific to employment discrimination applications, the applicant answered “no” to the questions “Do you believe you were discriminated against because of your record of offences under a federal law (Criminal Code offence)?” and “Do you believe you were harassed or discriminated against because of your record of offences under provincial law (such as the Highway Traffic Act)?”
6The definition of “record of offences” does not apply to this Application and the Application cannot proceed on this ground.
REPRISAL
7Section 8 of the Code provides as follows:
Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.
8The applicant submits that she filed a complaint in February 2008 about a senior officer bullying her, but does not set out the facts or any Code grounds upon which the complaint was based. On its face, the Application does not allege any facts which would come within the scope of section 8. The applicant does not allege that she attempted to claim or enforce her rights under the Code, that she instituted or participated in proceedings under the Code or that she refused to infringe the right of another person under the Code. The Application cannot proceed on this ground.
9Therefore, I find that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, I dismiss the Application.
Dated at Toronto, this 29th day of May, 2009.
“Signed By”
Alison Renton
Vice-chair