HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Tilli Parhomenko
Applicant
- and-
Jehovah Witnesses
Respondent
decision
Adjudicator: Ian R. Mackenzie
Indexed as: Parhomenko v. Jehovah Witnesses
1Tilli Parhomenko has filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”) alleging a reprisal or threat of reprisal based on membership in a vocational association.
2On August 2, 2011, the Tribunal issued a Notice of Intent to Dismiss (NOID) because the applicant had failed to explain how the respondent’s behaviour was related to any of the following: 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 under the Code (s. 8). The applicant was referred to the following decisions: Mirea v. Canadian National Exhibition, 2009 HRTO 32 and Chan v. Tai Pan Vacations, 2009 HRTO 273.
3In her submissions in response to the NOID, the applicant stated that she suffered a reprisal because she refused to join the Jehovah Witnesses, a religious organization.
4A vocational association under the Code includes trade unions, trade or occupational associations or self-governing professions (section 6). Religious organizations do not meet the definition of a vocational association under the Code.
5A reprisal under the Code is a reprisal against an individual for asserting a right under the Code (Mirea). The alleged reprisal claimed by the applicant does not relate to an assertion of rights under the Code.
6The Tribunal finds that the Application does not raise matters within its jurisdiction. An Application may be dismissed at a preliminary stage, before it is served on the respondent, if it is “plain and obvious” on the face of the Application and any other submissions that it does not fall within the Tribunal’s jurisdiction: Masood v. Bruce Power, 2008 HRTO 381.
7Accordingly, the Application is dismissed.
Dated at Toronto, this 24th day of August, 2011.
”Signed by”
Ian R. Mackenzie
Vice-chair