Human Rights Tribunal of Ontario
B E T W E E N:
Benjamin Quinton
Applicant
-and-
Ministry of Community Safety and Correctional Services
Respondent
INTERIM DECISION
Adjudicator: Alison Renton
Indexed as: Quinton v. Ontario (Correctional Services)
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"), on November 27, 2009. The applicant alleges that the respondent discriminated against him on the basis of disability and receipt of public assistance in goods, services and facilities, on various dates while he was incarcerated, and specifically in relation to not accommodating his food restrictions which arise because of a disability.
2The respondent filed a Response and a Request for Order During Proceedings ("RFOP"). In the RFOP, the respondent requests that the Tribunal dismiss the Application because, the respondent submits, it was filed outside the one year limitation period set under section 34(1) of the Code. In the Response, the respondent also notes that the Application does not contain any allegations pertaining to receipt of public assistance.
3The applicant did not file a Reply or a Response to the RFOP and the time for doing so has now passed.
RECEIPT OF PUBLIC ASSISTANCE
4The Tribunal's jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation (housing), services, goods and facilities, and employment on the basis of grounds listed in the Code. In housing, those grounds are 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. The "receipt of public assistance" is a ground that only pertains to housing. If an applicant alleges discrimination in housing on the basis of receipt of public assistance, the applicant is required to file a Form 1-B Housing with the Tribunal along with his or her Application.
5In his Application, the applicant marked off "receipt of public assistance" as a ground upon which he was discriminated. However, he did not file the required Form 1-B and it does not appear that he makes any allegations specific to "receipt of public assistance".
6The Tribunal requires submissions from the applicant on the "receipt of public assistance" issue. The applicant is therefore directed to deliver to the respondent and file with the Tribunal written submissions identifying the allegations in the Application that he claims relates to his claims of discrimination on the basis of receipt of public assistance. The submissions must be delivered and filed within 5 days of the date of this Interim Decision.
DELAY/TIMELINESS
7Section 34 of the Code provides:
34 (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under subsection 45.2,
(a) within one year after the incident to which the application relates; or
(b) if there was a series of incidents, within one year after the last incident in the series.
(2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.
8The Code clearly states, in section 34(2), that an applicant may not apply to the Tribunal more than a year after the last event giving rise to the Application unless the Tribunal is satisfied that the delay was incurred in good faith. Where the Tribunal is not satisfied that the delay was incurred in good faith, it has no power to relieve against the one-year time limit and to determine the Application. The Tribunal has no power to "condone" delay where it is not satisfied that it was incurred in good faith.
9The Tribunal requires submissions from the applicant on the delay issue. The applicant is therefore directed to deliver to the respondent and file with the Tribunal written submissions addressing the delay issue, and in particular, identifying the allegations in the Application that he claims are timely and the basis upon which he states that the delay in commencing the Application was incurred in good faith in accordance with section 34(2) of the Code. The submissions must be delivered and filed within 5 days of the date of this Interim Decision.
10On receipt of the above-mentioned submissions, or if the applicant does not file submissions as directed, the Tribunal may decide the issue based on the written materials that have been filed or may issue further case management directions regarding the issues of delay and/or the other issues raised by the respondent.
11I am not seized of this matter.
Dated at Toronto, this 7th day of June, 2010.
"Signed by"
Alison Renton
Vice-chair