HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Donald Blais
Applicant
-and-
University of Toronto, CUPE 3902, John Kloppenborg and James DiCenso
Respondents
INTERIM DECISION
Adjudicator: Mary Truemner
Indexed as: Blais v. University of Toronto
1This is an Application filed on December 10, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination and reprisal in employment on the basis of race, ancestry, ethnic origin, disability and creed. The purpose of this Interim Decision is to address a Notice of Intent to Dismiss Against Certain Respondents sent by the Registrar of the Tribunal to the applicant on February 18, 2010.
2The Notice referred to 8 individuals, including John Kloppenborg and James DiCenso, and “Chairs Dept. of Historical Studies 2006, 2007, 2008”, and stated:
It appears the Application as against certain of the named respondents is outside the Tribunal's jurisdiction… A review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by these individuals. Further, there are no names or addresses provided for "Chairs" Department of Historical Studies 2006, 2007, 2008.
The Tribunal's powers are limited to hearing and deciding allegations of discrimination within the social areas and based on the grounds contained in the Code. The Tribunal does not have a general power to inquire into claims of unfairness which are not covered by the Code.
3The applicant recently responded with submissions which clarified that he is naming only four respondents: the University of Toronto, CUPE 3902, John Kloppenborg and James DiCenso.
4In reviewing the Application and the applicant's recent submissions, it is not plain and obvious that the Tribunal has no jurisdiction to hear the applicant’s allegations against the two personal respondents that he has named. The applicant, who states that he is Métis and an Orthodox monk, alleges that he was hired to teach Aboriginal Religion because he was Aboriginal. He claims that he was continually denied other teaching opportunities and was constructively dismissed, at least in part, for reasons which violate the Code. He alleges that Dr. Kloppenborg, the Chair of the University’s Department for the Study of Religion, was responsible for the dismissal. The applicant also alleges that both of the personal respondents harassed him with comments that referred to his race, ethnic origin and creed.
5The Tribunal will continue to process this Application. The Application will be served on all respondents. This is not a final decision regarding whether all respondents are proper parties to the Application.
6I am not seized.
Dated at Toronto, this 3rd day of June, 2010.
”signed by”_______________
Mary Truemner
Vice-chair