The applicant, an inmate at the Toronto Jail, alleged that the respondent's health staff discriminated against him based on race, colour, place of origin, ethnic origin, creed, and disability by refusing to prescribe him certain medications (including Wellbutrin) and a special diet. The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success. The Tribunal first ruled that documents from the applicant's complaint to the College of Physicians and Surgeons of Ontario were statutorily privileged under s. 36(3) of the Regulated Health Professions Act and inadmissible. The Tribunal then dismissed the application, finding no reasonable prospect of success. The Tribunal held that there were no facts alleged linking the medical decisions or alleged mistreatment to the applicant's race, creed, or other grounds, and that clinical decisions based on a patient's disability do not constitute discrimination absent arbitrariness.
B E T W E E N:
Youkhana Moshi Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Community Safety and Correctional Services Respondent
DECISION
Adjudicator: Sheri Price Date: July 16, 2014 Citation: 2014 HRTO 1044 Indexed as: Moshi v. Ontario (Ministry of Community Safety and Correctional Services)
APPEARANCES
Youkhana Moshi,