Shallow v. Toronto Police Services Board, 2011 HRTO 1407

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Roger Shallow

Applicant

-and-

Toronto Police Services Board, Toronto Police Association, Gail Shields, Paul Clarke, Michael Harnish

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: July 27, 2011

Citation: 2011 HRTO 1407

Indexed as: Shallow v. Toronto Police Services Board

1This is an Application under s.34 of the Human Rights Code (the “Code”), R.S.O. 1990, c. H.19, as amended.

2There are various preliminary issues that have been raised by the respondents to this Application. The Tribunal will schedule a one-day in-person hearing to hear argument on the following preliminary issues:

• whether the Application should be dismissed pursuant to s. 45.1 of the Code, R.S.O. 1990, c. H.19, as amended, on the basis that its substance was appropriately dealt with under the Police Services Act, R.S.O. 1990, c. P.15;
• whether the Application should be dismissed pursuant to s. 34(11) of the Code;
• whether the Application should be deferred pending the resolution of civil proceedings;
• whether the Application should be dismissed as against the Toronto Police Association (the “Association”) for failure to raise a social area as against it; and
• whether the Application as against the Association should be dismissed as untimely.

3I note that the Association has raised issues about the applicant’s ability to base his claims of reprisal on certain documents. In my view these issues are best dealt with at a later stage, if necessary.

4The issue of the application of s. 45.1 in the context of the Police Services Act is a significant one, and it arises in both this case and in Claybourn v. Toronto Police Service, 2011 HRTO 1406. Therefore, a copy of this Interim Decision will be sent to the Ontario Human Rights Commission and the Office of the Independent Police Review Director. Should either of them, or any other organization, seek to intervene in either or both of these cases, a Request to Intervene or Notice of Commission Intervention shall be filed no later than one month from the date of this Interim Decision.

5I am not seized.

Dated at Toronto, this 27th day of July, 2011.

”signed by”__________

David A. Wright

Associate Chair