Jamie Mageau v. Nishnawbe-Aski Police Service, 2011 HRTO 751

Human Rights Tribunal of Ontario

BETWEEN:

Jamie Mageau Applicant

-and-

Nishnawbe-Aski Police Service Respondent

DECISION

Adjudicator: Ena Chadha Date: April 18, 2011 Citation: 2011 HRTO 751 Indexed as: Mageau v. Nishnawbe-Aski Police Service

1This Application was filed September 8, 2010 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination with respect to employment because of race and disability.

2The respondent filed a Response on March 7, 2011 and requests that the Tribunal dismiss the Application on the basis that the issues in dispute are within exclusive federal jurisdiction. The respondent indicates that it is a First Nations police service, federally certified by the Canadian Labour and Industrial Relations Board and that the applicant has also filed a complaint with the Canadian Human Rights Tribunal.

3On March 8, 2011, the Tribunal issued a Notice of Intent to Dismiss (“NOID”) indicating the respondent requested the Application be dismissed as outside the Tribunal’s jurisdiction. The Tribunal directed the applicant to provide written submissions no later than March 22, 2011 addressing the issue of jurisdiction. The Tribunal further advised that if the applicant did not file written submissions by that deadline the Tribunal may make its decision based only on the information in the Application and or may consider the failure to respond as an abandonment of the Application.

4The applicant has not responded to the Tribunal’s correspondence and the timeline for providing written submissions has elapsed. In the circumstances, the applicant is deemed to have abandoned the Application.

5Accordingly, the Application is dismissed.