Dave Ferguson v. Toronto Police Services Board, 2011 HRTO 1785

Human Rights Tribunal of Ontario

B E T W E E N:

Dave Ferguson

Applicant

-and-

Toronto Police Services Board

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: September 30, 2011

Citation: 2011 HRTO 1785

Indexed as: Ferguson v. Toronto Police Services Board

1This is an Application under s. 34 of the Human Rights Code, R.SO. 1990, c. H.19, as amended (the "Code"). The respondents request dismissal under s. 45.1 of the Code on the basis that a complaint and investigation pursuant to the Police Services Act, R.S.O. 1990, c. P.15, appropriately dealt with the substance of this Application. The Tribunal intends to deal with the s. 45.1 issue as a preliminary matter.

2The issue of the application of s. 45.1 in the context of the Police Services Act is a significant one, and it arises in this case, in Claybourn v. Toronto Police Service, 2011 HRTO 1406, Shallow v. Toronto Police Services Board, 2011 HRTO 1407, Leong v. Peel Regional Police Services Board, 2011 HRTO 1741 and de Lottinville v. Ontario (Community Safety and Correctional Services), 2011 HRTO 1742. The Tribunal intends to issue a further Case Assessment Direction relating to the procedure for all five cases.

3In the meantime, a copy of this Interim Decision will be sent to counsel for the Ontario Human Rights Commission, the Office of the Independent Police Review Director, the African Canadian Legal Clinic, the Metro Toronto Chinese & Southeast Asian Legal Clinic, and the South Asian Legal Clinic of Toronto. All have sought leave to intervene in one or more of the other cases. Should they, or any other organization, seek to intervene in this case, a Request to Intervene or Notice of Commission Intervention shall be filed no later than one month from the date of this Interim Decision.

4I am not seized.