Bahramzadeh-Germi v. Toronto Police Services Board, 2012 HRTO 1615

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Reza Bahramzadeh-Germi

Applicant

-and-

Toronto Police Services Board and Chief William Blair

Respondents

INTERIM DECISION

Adjudicator: Catherine Bickley

Date: August 23, 2012

Citation: 2012 HRTO 1615

Indexed as: Bahramzadeh-Germi v. Toronto Police Services Board

APPEARANCES

Reza Bahramzadeh-Germi, Applicant

Self-represented

Toronto Police Services Board, Respondent

David Gourlay, Counsel

Chief William Blair, Respondent

Lisa Cabel, Counsel

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”), alleging discrimination with respect to services because of race and ethnic origin. The Application also alleges reprisal. This Interim Decision records an oral ruling made in the hearing of this matter on July 18, 2010 and provides further procedural direction regarding the Application.

2On July 18, 2012, I made the following oral ruling dismissing part of the Application:

There are two parts to the application before me. The first deals with the January 30, 2009 assault on the applicant and the subsequent police investigation into that assault. The second deals with an alleged July 2009 interaction between the applicant and Officer Norman Smart.

Counsel for Chief William Blair has brought a motion requesting that the first part of this application be dismissed on the basis that the applicant has not established a prima facie case. That motion is supported by counsel for the Toronto Police Services Board.

Counsel acknowledges that the applicant is a member of a protected group under the Code and that he experienced an assault. However, Counsel submits that the applicant has not established that he experienced adverse or differential treatment from the respondents and has not established any connection between his treatment by the respondents and his race or ethnic origin. With respect to reprisal, counsel submits that there is no evidence on that issue before the tribunal.

Counsel submits that even if the Tribunal were to accept as true all the evidence presented by the applicant today, that evidence is not sufficient to establish a breach of the Code.

The applicant argues that there has been discrimination and that he can prove it. I have listened carefully to the testimony of the applicant today. In deciding this motion, I am not considering any references by the applicant to matters that are outside the scope of the application before me.

It is clear that the applicant sincerely believes both that the police had some involvement in causing the January 30, 2009 assault and that the subsequent investigation was inadequate. I have heard no evidence today that would lead me to conclude that even if those allegations are true that there is any link with the applicant’s race or ethnic origin.

Accordingly, I am dismissing that part of the application dealing with the January 30, 2009 assault and subsequent police investigation into the assault. I am also dismissing those allegations with respect to reprisal.

With respect to the interaction between Officer Smart and the applicant, today’s testimony by the applicant has raised serious allegations that, if proven, could constitute a breach of the Code. Thus, I expect to hear from Officer Smart at the next day of hearing with respect to that interaction.

3On July 18, 2012, in consultation with the parties, I also scheduled September 19, 2012 for the continuation of this hearing. The applicant stated that, in light of the dismissal of part of his Application, he might not want to continue the hearing into the remaining portion of his Application.

DIRECTION

4The applicant is directed, within seven days of the date of this Interim Decision, to advise the Tribunal whether he intends to pursue the remaining portion of his Application. If the applicant does not advise the Tribunal of his intentions within seven days of the date of this Interim Decision, this Application may be dismissed as abandoned.