HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lionel Magumbe
Applicant
-and-
Ministry of Attorney General, Charmaine Magume and Jane Rutherford
Respondents
DECISION
Adjudicator: Sherry Liang
Indexed as: Magumbe v. Ontario (Attorney General)
1This is an Application dated November 30, 2009, made under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).
2By letter dated January 14, 2010, the Tribunal directed the applicant to provide submissions on why the Application is within the Tribunal’s jurisdiction. The applicant has not made submissions, and the time for doing so has elapsed.
3The Application appears to be challenging the decision or outcome of an adjudicative process. The Tribunal has held on a number of occasions that “services” within the meaning of the Code does not include the outcome or decision resulting from adjudications by other statutory tribunals, including the Courts. See for example Baird v. Workplace Safety and Insurance Appeals Tribunal, 2009 HRTO 99; Christianson v. Ontario (IPC) 2009 HRTO 203, reconsideration refused 2009 HRTO 424; Zaki v. Ontario (Community and Social Services) 2009 HRTO 1595.
4The allegations that the court judgment was influenced by a discriminatory statement or was based on a stereotype are therefore not within the Tribunal’s powers to decide.
5The Application also makes assertions against an individual who appears to have been counsel for the applicant’s spouse or former spouse in a family law proceeding. The Tribunal has stated that the relationship between a lawyer and an opposing party is not covered by the Code: Belso v. York Region Police, 2009 HRTO 757; Cooper v. Pinkofskys, 2008 HRTO 390. The allegations against the individual respondent Jane Rutherford therefore do not raise issues within the Tribunal’s powers to decide.
6The last named respondent is the applicant’s spouse or former spouse. The Tribunal has stated that the relationship between spouses or former spouses is not covered by the Code: Belso v. York Region Police, 2009 HRTO 757.
7As the Application does not raise issues covered by the Code, it is therefore dismissed.
Dated at Toronto, this 2nd day of March, 2010.
“Signed by”
Sherry Liang
Vice-chair