Human Rights Tribunal of Ontario
B E T W E E N:
Cam McKenzie
Applicant
-and-
Her Majesty the Queen in right of Ontario as represented by the Ministry of Government Services
Respondent
interiM DECISION
Adjudicator: Alison Renton
Indexed as: McKenzie v. Ontario (Government Services)
1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on August 1, 2009, alleging the respondent discriminated against the applicant on the basis of record of offences in respect of employment or contracts. Specifically, the applicant raises concerns with application forms, job interviews, and security screening used by the respondent, the Ontario Government, its agencies and firms to which it has contracted out security screening services which use or include questions about "discharged legal matters".
2The respondent filed a Response on December 2, 2009. In the Response, amongst other issues raised, the respondent questions whether the applicant has a record of offences within the meaning of the Code to bring himself within the jurisdiction of the Tribunal.
3Section 5.1 of the Code provides:
Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.
4"Record of offences" is specifically defined in section 10 as:
"record of offences" means a conviction for,
(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or
(b) an offence in respect of any provincial enactment.
5There is no information on the Application to suggest that the applicant was charged and convicted of a crime or received a pardon. It is unclear from the Application whether the applicant himself has been adversely treated by the respondent as a result of a charge, conviction and/or pardon. It is necessary to determine whether the applicant has a "record of offences" within the meaning of the Code. If he does not, it would appear that the Tribunal does not have jurisdiction to deal with the Application.
6The applicant may make submissions on the question of whether he has a "record of offences" as defined in section 10 of the Code. Those submissions must be filed with the Tribunal and delivered to the respondent within two weeks of this Interim Decision. The respondent is not required to respond to the applicant's submissions at this time. The Tribunal will consider the submissions and determine if the Application is within its jurisdiction, and the Application will be dismissed if it is not. If no submissions are received, the Application may be dismissed as abandoned.
7I am not seized of this matter.
Dated at Toronto, this 2nd day of February, 2010.
"Signed by"
Alison Renton
Vice-chair