HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Mark Wilson
Applicant
-and-
Her Majesty the Queen in right of Ontario as represented by the Ministry of Community Safety and Correctional Services
Respondent
decision
Adjudicator: Brian Cook
Indexed as: Wilson v. Ontario (Community Safety and Correctional Services)
1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, alleging discrimination in the provision of police services on the basis of disability.
2The respondent filed a Response and a Request for Order During Proceedings, asking that the Application be dismissed because the applicant had not explained how his allegations relate to the Code. In the alternative, the respondent asked that the Tribunal direct the applicant to provide details about his allegations so that the respondent can respond to the allegations and the Tribunal can assess them.
3The Tribunal issued a Case Assessment Direction dated July 20, 2011. It found that it was not possible for the respondent to respond to the allegations in the Application because the applicant had not provided any details about his allegations. The Case Assessment Direction concluded:
If the applicant wishes to pursue this Application, he must explain why he feels the respondent has discriminated against him contrary to the Code. For example, in the Application, the applicant has claimed discrimination on the grounds of disability and he has indicated he is deaf. However, he has not explained how he was discriminated against because he is deaf. The applicant has identified two individuals who he says have contributed to the discrimination but he has not explained what they have to do with the respondent or the Ontario Provincial Police.
If the applicant wishes to pursue this Application he must therefore set out in writing more information about [how] the Ontario Provincial Police have discriminated against him. This information should include as much detail as possible about what happened, who was involved, and how they are associated with the Ontario Provincial Police, when the discrimination happened and where the discrimination happened.
This information must be sent to the Tribunal Registrar with a copy to the respondent by July 29, 2011.
4The Case Assessment Direction stated:
If the information is not received by July 29, 2011, the Application may be dismissed because it does not include allegations that the Tribunal has the power to deal with.
5The Tribunal has not received any communication from the applicant since the Case Assessment Direction was issued. The date by which the applicant was required to provide the required information has passed.
6The Application is dismissed because it does not include allegations that the Tribunal has the power to deal with.
Dated at Toronto, this 25th day of August, 2011.
"signed by"
Brian Cook
Vice-chair