HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Byron Callender
Applicant
-and-
The Metropolitan Police Force of Toronto
Respondent
DECISION
Adjudicator: Naomi Overend
Indexed as: Callender v. Police (Toronto)
1The applicant filed this Application under s. 34 of the Human Rights Code, R.S.O.1990, c. H.19, as amended (the “Code”), alleging discrimination in housing and employment on the basis of receipt of race and reprisal.
2The Application alleges that the applicant was subject to bombardment of radiation by the police at the apartment he rents. He appears to believe that his landlord and the place where he was assigned to temporarily work were somehow involved, although it is not clear from the Application what that involvement was. It is also not clear how any of the allegations in the Application relate to a ground under the Code.
3On October 29, 2010, the Tribunal sent a Notice of Intent to Dismiss (“NOID”) on the basis that the allegations in the Application appeared to be outside the Tribunal’s jurisdiction (power to decide). The applicant filed written submissions by way of a lengthy email on November 12, 2010
4At no point does the applicant refer to any differential treatment on the basis of a ground listed under the Code. There is no explanation for why race was selected as a ground. With respect to the employer, the applicant said he was the recipient of “actions, signs and gestures” that he knew were directed at him. In his subsequent written submissions in response to the NOID, the applicant indicates that he has “doubts” about the involvement of his employer.
5The Tribunal does not adjudicate general claims of unfairness. There must be a connection between the allegation of unfairness and a ground under the Code. In the absence of such a nexus, no violation of the Code can be found.
6With respect to the allegation of reprisal, section 8 of the Code states:
Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal.
7To successfully make out a claim of reprisal, the applicant must demonstrate that she experienced reprisal for:
claiming or enforcing a right under the Code;
instituting or participating in proceedings under the Code:, or
refusing to infringe the right of another person.
8Despite his lengthy description of the respondent’s alleged conduct, the applicant does not indicate that it resulted from him claiming or enforcing a right under the Code, instituting proceedings under the Code or refusing to infringe the right of another person.
9Given that the applicant has failed to establish that the alleged conduct at issue was related to a ground under the Code, the Tribunal has no jurisdiction over this Application. Accordingly, the Application is dismissed.
Dated at Toronto, this 4th day of January, 2011.
”signed by”____________
Naomi Overend
Vice-chair