Cornell Fontaine v. Assembly of First Nations, 2010 HRTO 2378

Human Rights Tribunal of Ontario

B E T W E E N:

Cornell Fontaine Applicant

-and-

Assembly of First Nations Respondent

INTERIM DECISION

Adjudicator: Sherry Liang Date: November 30, 2010 Citation: 2010 HRTO 2378 Indexed as: Fontaine v. Assembly of First Nations

1This is an Application filed on June 4, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The respondent has filed a request to dismiss the Application without a full Response. It takes the position that the issues in dispute are within exclusive federal jurisdiction.

3The applicant did not respond to the request to dismiss on its merits. He seeks deferral of his Application pending the conclusion of an investigation before the Canadian Human Rights Commission ("CHRC"), in which it appears the CHRC will determine whether it has jurisdiction to proceed with the applicant's complaint there. The applicant filed a Request for an Order During Proceedings in which he asks that his Application be deferred, and to which the respondent has not filed a response.

4The Tribunal finds it appropriate to defer consideration of the Application, including the respondent's request to dismiss, pending the conclusion of the CHRC investigation. The result of that investigation may well be relevant to the Tribunal's determination of the issue of its jurisdiction to proceed with this Application and it is sensible to await the conclusion of that process.

5The Tribunal directs the parties' attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the CHRC investigation.

6I am not seized of this matter.