Rita Keays v. Hamilton Police Service, 2009 HRTO 969

Human Rights Tribunal of Ontario

B E T W E E N:

Rita Keays

Applicant

-and-

Hamilton Police Service

Respondents

INTERIM DECISION

Adjudicator: Alison Renton

Date: July 6, 2009

Citation: 2009 HRTO 969

Indexed as: Keays v. Hamilton Police Service

1This is an Application filed on December 18, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The applicant, who self-identifies as being a white, Caucasian woman of Italian ancestry, alleges that the respondent failed to respond, failed to respond to her satisfaction, and failed to treat her appropriately when she contacted them about various issues in the fall of 2008. She alleges that due to her interactions with the respondent she was hospitalized against her will. On her Application, the applicant marked off "receipt of public assistance" as the sole ground upon which she alleged the respondent discriminated against her in the provision of goods, services and facilities.

2In its Response, the respondent noted, among other things, that the applicant had alleged only one ground of discrimination, that being receipt of public assistance. The respondent submitted that this ground of discrimination only applies to claims about housing. The respondent is engaged in the provision of policing services and not housing and it submitted that on this basis the Application should be dismissed.

3Section 1 of the Code provides:

Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability.

4Section 2 of the Code provides:

(1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance. [emphasis added]

(2) Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance. [emphasis added]

5"Receipt of public assistance" is not a ground that is included in section 1 of the Code which relates only to the provision of goods, services and facilities. "Receipt of public assistance" is a ground mentioned in section 2 of the Code and it relates only to housing situations. The respondent engages in the provision of police services rather than housing situations.

6The Tribunal requests written submissions from the applicant to address the issue of its jurisdiction to hear the Application. The applicant should explain how her Application raises matters which the Tribunal has the power to decide. The respondent is not required to file any submissions on this point unless directed to do so by the Tribunal. The applicant's submissions should be sent to the respondent and filed with the Tribunal within two weeks of the date of this Interim Decision.

7Following receipt of the submissions, or if the applicant does not provide submissions by the date set, the Tribunal may consider whether the Application should be dismissed under Rule 13.1 of the Tribunal's Rules of Procedure, which permits it to dismiss all or part of an application that is outside its jurisdiction.

8The applicant may wish to consult the Applicant's Guide, available on the Tribunal's website www.hrto.ca or from the Registrar's office. Pages 6-9 of the Guide set out sources of assistance that may be available to her.

9I am not seized of this matter.