Tina Copenace v. Anishinaabe Abinoojii Family Services, 2012 HRTO 980

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tina Copenace

Applicant

-and-

Anishinaabe Abinoojii Family Services

Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Decision Date: May 15, 2012 Citation: 2012 HRTO 980 Indexed as: Copenace v. Anishinaabe Abinoojii Family Services

Introduction

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 addresses whether the Application should be deferred pending the completion of a complaint filed with the Canadian Human Rights Commission (CHRC).

2The Application arises from the applicant’s employment and subsequent termination from the respondent. The applicant alleges that she was discriminated against because of disability and family status. She also alleges reprisal or threat of reprisal.

3In her Application, the applicant indicates that she has filed a complaint with the Canadian Human Rights Tribunal. Attached to the Response is a copy of the complaint. The factual allegations outlined in the complaint appear to be identical to those in the Application. The respondent notes that the CHRC has not responded to the complaint in order to indicate whether it will accept or deny jurisdiction over the complaint.

4Pursuant to Rule 14.1 of the Tribunal’s Rules of Procedure, the Tribunal may defer consideration of an application on such terms as it may determine on its own initiative or at the request of any party.

5In the circumstances, having regard to the material filed, I find that it would be appropriate to defer the Application pending the conclusion of the complaint at the CHRC.

6The Tribunal directs the parties’ attention to rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on or after the conclusion of the complaint at the CHRC.

7The issue of jurisdiction remains outstanding and will be addressed, if necessary, if and when the Application is reactivated.

8I am not seized.