HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Katherine Tapak
Applicant
-and-
Windsor Police Services
Respondent
INTERIM DECISION
Adjudicator: Judith Keene
Indexed as: Tapak v. Windsor Police Services
1The applicant filed an Application on July 30, 2009 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges discrimination in the areas of goods, services and facilities, on the basis of creed.
2An earlier Interim Decision in respect of this Application, 2010 HRTO 369, narrowed the relevant subject-matter to events alleged to have occurred when police attended at the applicant’s home in regard to an ongoing tenant dispute, with the approximate dates being June 12 and 18, 2009. The respondent has filed a Response denying the allegations, indicating that these events are currently the subject of an appeal by the applicant to the Ontario Civilian Police Commission, and requesting that the Tribunal defer this Application until the conclusion of the appeal. The respondent has filed confirming documents from the Commission dated February 24, 2010.
3In her Reply, the applicant acknowledges the appeal, and does not respond to the respondent’s request to defer.
4Pursuant to Rule 14.1 of the Tribunal’s Rules of Procedure, the Tribunal may defer consideration of an application, on such terms as it may determine, on its own initiative or at the request of any party. In each case, the Tribunal must consider, in light of the particular circumstances, whether deferral is the most fair, just and expeditious way of proceeding with the application.
5It appears that the Ontario Civilian Police Commission is in the process of a review of the events of the days relevant to this Application. In dealing with the applicant’s appeal, the Ontario Civilian Police Commission must apply and interpret the Code as required: Tranchemontagne v. Ontario (Director, Disability Support Program), 2006 SCC 14, [2006] 1 S.C.R. 513. In the circumstances, I agree that a deferral is appropriate. If the applicant wishes to proceed with this Application, she may make a Request for an Order During Proceedings in accordance with Rule 19 within 60 days after the conclusion of proceedings before the Ontario Civilian Police Commission.
ORDER
6The Tribunal orders the deferral of the Application pending the conclusion of proceedings before the Ontario Civilian Police Commission.
Dated at Toronto, this 18th day of June, 2010.
”signed by”___________
Judith Keene
Vice-chair