Seck v. Mirzaei, 2014 HRTO 1381

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Fatou Seck Applicant

-and-

Mina Mirzaei Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson Date: September 17, 2014 Citation: 2014 HRTO 1381 Indexed as: Seck v. Mirzaei

WRITTEN SUBMISSIONS

Fatou Seck, Applicant Self-represented

Mina Mirzaei, Respondent No one appearing

Toronto Police Service, Affected Party Self-represented

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to contracts and the occupancy of accommodation because of race, place of origin and ethnic origin. The applicant alleges that the respondent discriminated against her when the respondent evicted the applicant from the room in a shared apartment that she rented from the respondent.

2In an earlier Interim Decision in this matter, Seck v. Mirzaei, 2014 HRTO 996, the Tribunal declined the applicant’s request for production of unredacted police reports related to the applicant’s allegations because she had not exhausted the options available to her to obtain the documents herself. On July 17, 2014, the applicant filed a Request for an Order During Proceedings seeking production of the police reports in question from the Toronto Police Service (“TPS”). The applicant submitted that she requested unredacted copies of the relevant reports, but the TPS declined the request because the applicant was not entitled to have access to the comments made by the respondent. On August 25, 2014, the TPS filed a letter in which it indicated that it took no position regarding the applicant’s Request. The respondent did not respond to the Request and the time for doing so has passed.

3At the pre-hearing stage, the Tribunal will generally order disclosure of arguably relevant documents, unless the documents are privileged or raise privacy concerns, see McKay v. Toronto Police Services Board 2009 HRTO 1220. Pursuant to Rule 1.7(p) of the Tribunal’s Rules of Procedure, the Tribunal may order non-parties to produce documents or other information. The police reports in question appear to be related to allegations contained in this Application and I am satisfied that they are arguably relevant. The TPS takes no position regarding the applicant’s request. Consequently, I find it appropriate to grant the applicant’s request. I also direct the parties attention to Rule 3.3, which states as follows:

Parties and their representatives may not use documents obtained under these Rules for any purpose other than in the proceeding before the Tribunal.

Order

4The Tribunal orders as follows:

1. Within 21 days of the date of this Interim Decision, the TPS shall produce to the applicant unredacted copies of any police report regarding interactions between the applicant and respondent between September 28, 2012 and November 15, 2012, subject to any normal administrative fee the TPS may charge for the production of such records.

5I am not seized.