Desbiens v. Ontario (Community Safety and Correctional Services), 2011 HRTO 1313

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Simpson on behalf of Robert Desbiens Applicant

-and-

Her Majesty the Queen in the Right of Ontario as represented by the Minster of Community Safety and Correctional Services, Steven Small, Sherri Ryan, Monica Donaldson, Linda Ogilvie, Dumaresq Child and Ahmad Chalker Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: July 8, 2011 Citation: 2011 HRTO 1313 Indexed as: Desbiens v. Ontario (Community Safety and Correctional Services)

1The applicant filed an Application under section 34(5) of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on May 24, 2011, alleging discrimination with respect to services, goods and facilities on the basis of disability. Section 34(5) of the Code permits an individual to bring an application on behalf of another person and participate in the proceedings. In this case, the applicant has filed this Application on behalf of his foster son.

2On June 9, 2011, the Tribunal issued a Notice of Incomplete Application (“Incompleteness Notice”) and a Notice Intent to Dismiss (“NOID”) because the Application may be outside of the Tribunal’s jurisdiction. The NOID indicated that it appeared that the Application named certain respondents and failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by those individuals. The Application originally named 13 personal respondents and one institutional respondent.

3On June 29, 2011, the applicant filed supplementary materials in response to the Incompleteness Notice and NOID. These materials provided additional and/clarifying information and confirmed that the applicant wishes to pursue the Application as against six personal respondents and one institutional respondent. The applicant specified the reasons why he believes the individuals and institution are responsible for the alleged discrimination.

DECISION

Notice of Intent to Dismiss

4An application will only be dismissed at a preliminary stage, before it is served on respondents, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction.

5Without making any findings with respect to the propriety of proceeding against the respondents, I am satisfied that the Application can now be processed with the supplementary information provided by the applicant. As such, the Application, the Incompleteness Notice, NOID and the applicant’s June 29, 2011 materials will be delivered to the respondents and the respondents will be given an opportunity to file Responses.

Order

6The Tribunal order as follows:

(i) The Registrar will forward a copy of this Interim Decision, the Application, the Incompleteness Notice, NOID and the applicant’s June 29, 2011 materials to the respondents; and

(ii) The respondents are required to file their Responses no later than 35 days after the Tribunal sends a copy of this Interim Decision and the accompanying documents.

7I am not seized of this matter.