Mirko Dabic v. Windsor Police Services, 2010 HRTO 745

Human Rights Tribunal of Ontario

B E T W E E N:

Mirko Dabic Applicant

-and-

Windsor Police Services Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: April 1, 2010 Citation: 2010 HRTO 745 Indexed as: Dabic v. Windsor Police Services

1This Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), involves allegations of discrimination on the ethnic origin and disability in the contexts of employment, housing and contracts.

2The allegations as difficult to make out. In essence, the applicant seems to be alleging that he was arrested and tortured without reasonable grounds, driven to hospital without his consent and that this somehow caused him to become disabled.

3On March 1, 2010, the Tribunal issued a Notice of Intent to Dismiss the Application because it does not appear to raise allegations within the Tribunal's powers (jurisdiction) to resolve. The Tribunal invited submissions from the applicant explaining why he believes the Application is within the Tribunal's jurisdiction.

4The applicant filed submissions with the Tribunal in which he wrote:

I did state that the Police arrested and tortured me without any reasonable grounds and that it is abuse of power and discrimination breached the HR Code on the basis of ethnic origin and disability. Ethnic origin, because I am serbian person. Disability, because there used the power to drive me in the hospital and later arrested me and put disabled person in jail.

5In my view, based on the materials before me, the allegations contained in the Application, while ambiguous, appear to be within the Tribunal's jurisdiction to determine. In rendering this Interim Decision, I make no finding as to whether or not the allegations are made out. I have simply concluded that at least some of the allegations relate to grounds listed in the Code and that, as a result, the matter is within the Tribunal's jurisdiction to decide.

6The Registrar will deliver a copy of the Application and this Interim Decision to the respondent.

7I am not seized of this matter.