Michael Barker v. Her Majesty the Queen in Right of Ontario, as represented by the Minister of Community and Social Services, 2010 HRTO 703

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michael Barker

Applicant

-and-

Her Majesty the Queen in Right of Ontario, as represented by the Minister of Community and Social Services

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: March 30, 2010 Citation: 2010 HRTO 703 Indexed as: Barker v. Ontario (Community and Social 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") alleging discrimination on the basis of disability, race, sex, marital status and association with a person identified by a prohibited ground. The applicant has not identified a social area of discrimination, but states that the Application involves a "question of constitutional validity and/or law pertaining directly to standards used by O.D.S.P. [Ontario Disability Support Program] that are unconstitutional and also discriminatory 'co-habitation'".

2The respondent has filed a Response in which it seeks an early dismissal of the Application for incompleteness, because it is frivolous and vexatious, and because the Application seems to be based on the social area of housing and the respondent does not provide housing.

3The applicant has filed a Reply.

4I have carefully reviewed the material filed by the applicant. It is not apparent from these materials why the applicant feels he was discriminated against based on a ground prohibited by the Code. The nature of the alleged discrimination is unclear and the applicant has not clearly identified a social area of discrimination (in response to question 6).

5The Tribunal does not have a general power to decide whether the respondent treated the applicant fairly or appropriately. The Tribunal's powers relate only to alleged discrimination and violations of the Code. In other words, while the applicant has clearly stated that he feels mistreated by the respondent, to fall within the Tribunal's jurisdiction (power to decide), he must also explain how this alleged mistreatment relates to a ground and social area under the Code.

6The relationship between the Code and the allegations is not apparent in the Application or the Reply.

7Within ten days of the date of this Interim Decision, the applicant must provide to the respondent and file with the Tribunal written submissions explaining:

a. The social area in which he is alleging discrimination (question 6);

b. The nature of the alleged discrimination, including what he feels the respondent did to discriminate against him, who was involved, when it happened, and where it happened; and

c. How this alleged discrimination (the respondent's treatment of him) relates to the applicant's disability, sex, marital status and association with a person identified by a prohibited ground.

8Should the applicant fail to file written submissions, the Tribunal will determine whether the Application falls within the Tribunal's power to decide based on the materials already filed with the Tribunal. The respondent need not file further material at this stage of the proceedings.

9In regards to the respondent's argument that the Application is frivolous and vexatious, this is no longer a basis for the early dismissal of an application. Prior to amendments which came into effect on June 30, 2008, the Code permitted the Ontario Human Rights Commission to not deal with complaints on the basis that they are frivolous, vexatious or made in bad faith. These provisions of the Code are no longer in force. The Code now states that where an application is within the Tribunal's jurisdiction, the Tribunal must provide the parties with an opportunity to make oral submissions before making a final determination. (See s. 43(2)1 of the Code.)

10The Tribunal will consider whether the Application is within the Tribunal's jurisdiction once the applicant has had an opportunity to make further written submissions in accordance with paragraph 7 of this Interim Decision.

11I am not seized of this matter.