HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jamal Hamed
Applicant
-and-
Toronto Police Department / Divisions 14, 11 and 51, Melinda Mcaskill and Catherine White
Respondents
INTERIM DECISION
Adjudicator: Keith Brennenstuhl
Indexed as: Hamed v. Toronto Police Department
1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). This Interim Decision deals with the issue of whether the Application should be deferred pending the completion of a related proceeding before the Office of the Independent Police Review Director (“OIPRD”).
2On July 17, 2012, the Tribunal sent a Notice of Intent to Defer to the parties indicating that the Tribunal had determined that it might be appropriate to defer consideration of the Application pending the resolution of another legal proceeding dealing with the subject-matter of the Application. The Tribunal directed the parties to deliver and file any written submissions they wished to make in respect of the deferral issue by no later than 30 days from July 17, 2012.
3The applicant indicates in the Application that the facts of the Application are part of a complaint filed with OIPRD.
4The applicant submitted that the Application should not be deferred because on June 20, 2012 he received notice from the OIPRD which stated that the OIPRD would not be proceeding with his complaint. The respondents advise that the OIPRD has decided not to proceed with the applicant’s complaint and would not be making any submissions with respect to the need to defer the Application pending the resolution of the related OIPRD complaint.
5In the circumstances deferral of the Application to the OIPRD process is not appropriate.
6I am not seized.
Dated at Toronto, this 21st day of August, 2012.
Signed by
Keith Brennenstuhl
Vice-chair