Gaji v. Toronto Police Service, 2013 HRTO 944

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Auncle Kalandar Gaji

Applicant

-and-

Toronto Police Service

Respondent

INTERIM DECISION

Adjudicator: Paul Aterman

Date: May 29, 2013

Citation: 2013 HRTO 944

Indexed as: Gaji v. Toronto Police Service

APPEARANCES

Auncle Kalandar Gaji, Applicant

Mindy Noble, Counsel

Toronto Police Service, Respondent

Michele Wright, Counsel

background

1The applicant filed an Application on December 17, 2012 alleging discrimination in the provision of police services on the basis of race. It is clear from the Application that he alleges racial discrimination by the police, but beyond that it is unclear as to what the applicant alleges took place, when it took place, who was involved and what impact it had upon him.

2Because of the lack of clarity in the applicant’s narrative the Tribunal scheduled a summary hearing by teleconference on May 27, 2013 to determine whether the Application should be dismissed as having no reasonable prospect of success.

3The applicant has since retained counsel and proposes to amend his Application to set out a clear narrative that includes details of an incident in which he claims to have been stopped and searched by the police while out shopping. The applicant alleges that the police had no basis to stop and search him and that the discriminatory conduct of the officers continued when he challenged their actions.

4During the teleconference the respondent consented to the Application being amended.

order

5The Application will not be dismissed at this stage as having no reasonable prospect of success.

6The applicant will file an amended Application within 21 days of the date of this Interim Decision providing details of the alleged incident or incidents of discrimination. He indicates that he is interested in trying to resolve this Application through mediation.

7The respondent will file a Response in accordance with Rule 8 of the Tribunal’s Rules of Procedure, and in doing so, is requested to indicate whether it is interested in trying mediation.