Barnard v. Toronto Police Service, 2011 HRTO 307

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Korey Barnard

Applicant

-and-

Toronto Police Service

Respondent

INTERIM DECISION

Adjudicator: Naomi Overend

Date: February 14, 2011

Citation: 2011 HRTO 307

Indexed as: Barnard v. Toronto Police Service

1The applicant filed this Application on June 29, 2010, under s. 34 of the Human Rights Code, R.S.O.1990, c. H.19, as amended, (the “Code”) alleging discrimination in the provision of services on the basis of age and reprisal.

2The respondent has not filed a Response, but instead brought a Request for Order During Proceedings (Form 10) asking for further particulars. The applicant has not filed a Response to the Request for Order (Form 11), nor has he provided the particulars sought by the respondent.

3The applicant provided the following answer to question 8 in his Application:

I was walking down the street causing no harm, creating no disturbance when I was confronted by three policemen. These policemen threatened me, accusing me of drinking alcohol in public (although I was clearly not carrying anything), demanded that I provide identification and subjected me to a search. After finding nothing on my person, nor any criminal background (as they did a search on my driver’s license), they demanded that I leave the area – although I was in a public space, simply walking down the sidewalk. These policemen clearly stopped me due my age and appearance.

4Elsewhere in his Application, the applicant indicates that this event took place on June 26, 2010 and that he was near the security area then in place for the G20 summit.

5The respondent submits that it is not able to respond as the applicant has not provided the location of the incident in sufficient detail, the time of day, the name of the police officers or a description of his “appearance.” Given that appearance is not an enumerated ground under the Code, it is not necessary at this juncture for the applicant to provide further description of his appearance.

6The Tribunal agrees with the respondent, however, that it would be very difficult for the respondent to respond given the lack of detail concerning place, time and identity (if known) of the police officers involved. To the extent that the applicant is able to provide this information, he shall amend his Application to provide the place and time of the incident, and the identity of the police officers within 21 days of receipt of this Interim Decision. The amended Application shall be delivered to the counsel for the respondent and filed with the Tribunal with a Confirmation of Delivery (Form 23).

7Once the amended Application is delivered to the respondent as directed above, the respondent shall have 14 days to file a Response.

8In the event that the applicant does not deliver and file an amended Application as directed in this Interim Decision, he shall be deemed to have abandoned his Application.

9I am not seized of this matter.