Ladd v. Securicor Services, 2011 HRTO 1103

Human Rights Tribunal of Ontario

B E T W E E N:

Bryce Ladd Applicant

-and-

Securicor Services (Canada) Ltd., and Karen Cote Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: June 7, 2011 Citation: 2011 HRTO 1103 Indexed as: Ladd v. Securicor Services

1The applicant filed an Application with the Tribunal on June 30, 2010 pursuant to section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code") alleging discrimination in the areas of services, goods and facilities on the basis of race and age.

2The applicant alleges that mall security gave him a ticket for complaints that he was panhandling and loitering. The applicant alleges that he was targeted because of he is "Afro-Canadian" and "retired".

3The Tribunal issued a Notice of Intent to Dismiss ("Notice") the Application because it appeared the Application was outside of the Tribunal's jurisdiction. The Notice indicated that the Application and the narrative appeared to fail to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent. The Tribunal's Notice directed the applicant to file written submissions addressing this issue.

4The applicant filed submissions in response to the Notice. The applicant alleges that he is aware of many other Caucasian people who mall security permits to remain sitting in the mall for several hours. The applicant alleges that mall security do not enforce the no loitering rule and that he believes he was treated in a discriminatory manner.

DECISION

5An application will only be dismissed at a preliminary stage, before it is delivered to respondents, if it is "plain and obvious" on the face of the Application that it does not fall within the Tribunal's jurisdiction, see for example, Carbone v. Bruzzese, 2009 HRTO 2042.

6Based on the information contained in the Application, I find that it is not plain and obvious that the Application is outside the Tribunal's jurisdiction. Without deciding whether any of the alleged circumstances come within Code protection, I find that the applicant's allegations of discrimination on the basis of race and age may raise matters which the Tribunal has the power to decide. I am satisfied that the Application should be delivered to the respondents. Accordingly, the Tribunal will continue to process the Application.

7The Registrar is directed to serve the Application and a copy of this Interim Decision on the respondent, along with a copy of the applicant's submissions in response to the Notice. This is not a final decision regarding the Tribunal's jurisdiction in respect of this Application.

8I am not seized of this matter.