Human Rights Tribunal of Ontario
B E T W E E N:
Stanley Czerniak Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services and Jay Hope Respondents
INTERIM Decision
Adjudicator: Douglas Sanderson Date: September 1, 2011 Citation: 2011 HRTO 1637 Indexed as: Czerniak v. Ontario (Community Safety and Correctional Services)
1This is an Application filed December 8, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the grounds of race, ancestry, ethnic origin, disability, sex, family status, age, record of offences, as well as reprisal. The Ministry filed a Response seeking early dismissal of the Application without the necessity to file a full Response. The Ministry relies on a Memorandum of Settlement (the “Memorandum”), which includes a release in favour of the organization respondent, signed by the applicant. The Ministry also suggests that the Application is out of time under the one-year timeframe established in section 34(1) of the Code. A conference call is scheduled for September 9, 2011 for the Tribunal to receive oral submissions on these issues.
2In support of their position regarding the release, the respondents included a heavily redacted copy of the Memorandum. At paragraphs 5 and 6 of Appendix “A” of the Response, the respondents state as follows:
It is the Respondents’ view that the Tribunal has the right to review the full Minutes; however, because of the confidentiality clause and out of an abundance of caution, a redacted copy only has been provided at this time.
a non-redacted copy of the full Minutes and relevant grievances will be provided upon request of the Tribunal.
I agree that the Tribunal has the right to review an un-redacted copy of the Memorandum of Settlement. Since the effect of the Memorandum is a central issue in the dispute, the Tribunal in fact requires an un-redacted copy of the Memorandum in order to properly consider the matter. The grievances resolved by the Memorandum provide the context for the settlement and should also be provided.
3The respondents are therefore ordered to immediately deliver to the Tribunal an un-redacted Memorandum and the grievances and any other matters resolved as result of it.
Dated at Toronto this 1st day of September, 2011.
”signed by”________
Douglas Sanderson Vice-chair