Allen Rosario v. Thunder Bay Police Services Board, 2013 HRTO 1353

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Allen Rosario

Applicant

-and-

Thunder Bay Police Services Board

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: August 6, 2013

Citation: 2013 HRTO 1353

Indexed as: Rosario v.Thunder Bay Police Services Board

WRITTEN SUBMISSIONS

Allen Rosario, Applicant

Self-represented

Thunder Bay Police Services Board, Respondent

Robert Edwards and Holly A. Walbourne, Counsel

1This Interim Decision addresses the adjournment and rescheduling of the summary hearing in this matter.

2The summary hearing was scheduled to take place July 31, 2013. The applicant requested that the summary hearing be adjourned for a period not exceeding a year because he is currently in custody. The respondent opposed this request. In particular, the respondent submitted that there is no reason why the applicant could not take part in a summary hearing simply because he is in custody.

3By CAD dated July 16, 2013, the Tribunal directed the applicant to advise of any reasons why he would not be able to participate in a summary hearing while being in custody.

4By letter dated July 23, 2013, the applicant advised that he was suffering from mental trauma as a result of being in custody. He also advised that he suffered a stroke in April 2013 as well as head injuries when he was assaulted by another inmate in July 2013. Finally, the applicant indicated that the jail’s operations manager had denied his request to take part in the teleconference.

5In light of these circumstances, the Tribunal adjourned the summary hearing by Registrar’s Letter dated July 30, 2013. Despite the lack of medical documentation substantiating the applicant’s medical conditions, the Tribunal was prepared to adjourn the summary hearing in the unique circumstances of this case. However, the applicant should be advised that his being in custody does not, in and of itself, justify adjourning the summary hearing. If he wishes to request a further adjournment of the rescheduled summary hearing, the Tribunal will require a medical report certifying that any health conditions he is experiencing render him medically incapable of proceeding with the summary hearing. Finally, it should be noted that the Tribunal has received confirmation from managers at the Thunder Bay District Jail that they are prepared to set up a booth and phone for the rescheduled summary hearing.

direction

6The summary hearing shall be rescheduled for the Fall of 2013. Within 7 days of this Interim Decision, the respondent’s counsel must advise the Tribunal of their availability in October and November 2013 for the rescheduled summary hearing. Once the Tribunal has received these dates, it will coordinate rescheduling the summary hearing with the relevant persons at the Thunder Bay District Jail. The Tribunal will then forward a Notice of Summary Hearing to the parties informing them of the date and time of the rescheduled hearing.