HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lauren MacLachlan
Applicant
-and-
Health Professions Appeal and Review Board
Respondent
DECISION
Adjudicator: Alan G. Smith
Indexed as: MacLachlan v. Health Professions Appeal and Review Board
WRITTEN SUBMISSIONS
Lauren MacLachlin, Applicant ) Self-Represented )
INTRODUCTION
1This is an Application filed on August 31, 2011, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges that the respondent discriminated against the applicant on the grounds of sex. The allegations deal with a hearing and subsequent decision of the respondent tribunal. Along with financial compensation, the applicant seeks a non-monetary remedy, i.e., “Retraction of false information published with regards to my actions on”.
2The purpose of this Decision is to determine whether the Tribunal has jurisdiction over the Application. Two jurisdictional issues were identified by the Tribunal in a Notice of Intent to Dismiss (“NOID”). One issue involved the fact that the Application appeared to have been filed beyond the one-year limitation period mandated by the Code. The second issue was whether the doctrine of judicial immunity prevented the Tribunal from finding jurisdiction over the Application. I intend to deal only with the second issue.
3On December 2, 2011, the applicant responded to the NOID. In her submissions, the applicant states in part with regard to the issue of judicial immunity, “Rationally, I thought the Charter of Rights and Freedoms would pertain to all Canadians and no one should be exempt from violations under Equity rights….”.
ANALYSIS
4The NOID noted that the Application appeared to be challenging the decision or outcome of an adjudicative process, i.e. a decision of the Health Professions Appeal and Review Board (the “HPARB”). The Tribunal has held on a number of occasions that it has no jurisdiction to hear applications against courts and tribunals based on the execution of adjudicative duties or decision-making because of the doctrine of judicial immunity. See Cartier v. Nairn 2009 HRTO 2208 (“Cartier”) and Hazel v. Ainsworth Engineered Corp., 2009 HRTO 2180.
5The Tribunal has applied the doctrine of judicial immunity as a valid restriction on the Tribunal’s authority to inquire, as is being requested in the present Application, into the content of an adjudicative decision. See Cartier. As noted in that Decision, judicial immunity has been extended to adjudicators
6The allegations of the applicant relate to a decision made by an adjudicative panel of the HPARB in the exercise of its statutory duties. Consequently, the Application is outside of the Tribunal’s jurisdiction.
7With regard to the applicant’s submissions, although the Tribunal has the power to apply the Canadian Charter of Rights and Freedoms, it can only do so in relation to certain claims about the Tribunal’s enabling legislation where it has jurisdiction over a matter before it. In the present circumstances, having found that the Tribunal lacks jurisdiction to determine the Application due to judicial immunity, there is likewise no jurisdiction to apply the Charter.
8The applicant no doubt feels she has been treated unfairly or wrongly. However, the Tribunal’s jurisdiction is limited to dealing with disputes that properly fall under the Code. See Fulton-Bell v. Kawartha-Haliburton Children’s Aid Society, 2009 HRTO 1769.
9An application will be dismissed at a preliminary stage, before it is served on the respondents, if it is “plain and obvious” on the face of the application and any other submissions that it does not fall within the Tribunal’s jurisdiction. See Patterson v. MPW Industrial Service, 2010 HRTO 2140; and Scholtes v. York Regional Transit, 2011 HRTO 505.
Order
10Based on the Application and the applicant’s submissions, it is plain and obvious that the subject matter of the Application is not within the Tribunal’s jurisdiction.
The Application is therefore dismissed.
Dated at Toronto, this 18th day of January, 2012.
”signed by”_______________
Alan G. Smith
Member