Human Rights Tribunal of Ontario
B E T W E E N:
Saeed Soltanpour
Applicant
-and-
Ontario Liberal Party, Reza Moridi, Kathleen Wynne and Blane McPhail
Respondents
DECISION
Adjudicator: Sheri D. Price Date: November 25, 2014 Citation: 2014 HRTO 1704 Indexed as: Soltanpour v. Ontario Liberal Party
APPEARANCES
Saeed Soltanpour, Applicant (Self-represented)
Ontario Liberal Party, Reza Moridi, Kathleen Wynne and Blane McPhail, Respondents (Jack Siegel, Counsel)
1This is an Application under s.34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging that the respondents reprised against the applicant for claiming and enforcing his rights under the Code, contrary to s.8 of the Code.
2Pursuant to a Case Assessment Direction dated June 27, 2014, the Tribunal directed, on its own initiative, that a summary hearing be convened pursuant to Rule 19A of the Tribunal’s Rules of Procedure to determine whether the Application should be dismissed on the basis that there was no reasonable prospect that the Application would succeed.
3The summary hearing was held by teleconference on October 17, 2014. During the summary hearing, the applicant was given an opportunity to explain how he could establish that the respondents reprised against him contrary to s.8 of the Code, if the Application were to proceed.
4For the reasons that follow, I find that the applicant has no reasonable prospect of establishing that the respondents reprised against him for claiming or enforcing his rights under the Code. The Application is dismissed accordingly.
BACKGROUND
5The Tribunal directed that this matter proceed to a summary hearing before requiring the respondents to file Responses to the Application. Accordingly, the facts upon which this decision is based are the facts as asserted by the applicant in his Application and during the summary hearing.
6The applicant indicates that he is an Iranian-Canadian television journalist. The applicant alleges that the respondents reprised against him for claiming or enforcing his rights under the Code on or about March 21, 2014 when the applicant was denied media accreditation to cover the Ontario Liberal Party’s Annual General Meeting (“AGM”) from March 20 to 22, 2014, despite the applicant having followed the proper protocols to request accreditation to cover the event. In particular, the applicant alleges that his request was initially denied, on March 19, 2014; then granted, later that same day, on the stated basis that there had been some initial confusion as to whether the applicant’s request had been timely; and ultimately denied on March 21, 2014 “due to changing circumstances.” The applicant alleges that he asked, via email, what the changing circumstances were, but did not receive a response.
7Following the denial of his request for media accreditation, on March 21, 2014, the applicant sent an email to the leader of the Ontario Liberal Party, Kathleen Wynne, objecting to the “politicization” of the media accreditation process. The applicant alleges that he did not receive a response to his email.
8The applicant alleges that the denial of his request for media accreditation occurred a couple of days after another public event, the Iranian Fire Festival on March 18, 2014 in Richmond Hill, Ontario. At that event, the applicant alleges that authorities and/or organizers removed a banner criticizing respondent Reza Moridi, the Member of Provincial Parliament (MPP) for Richmond Hill, and also an Iranian-Canadian, for the lack of an Iranian community centre in Richmond Hill, the lack of senior housing for the Iranian community, and for the unemployment rate in Richmond Hill, among other things. The applicant believes that Mr. Moridi had the banner(s) removed, although he acknowledges that he does not know that that is what occurred.
9In his Application, the applicant also complains that, on July 2, 2013, Mr. Moridi refused to speak at a community event about the Royal Bank of Canada’s closure of some Iranian-Canadians’ bank accounts, because of economic sanctions against Iran, while the applicant was recording the event.
10By way of background, I note that, according to the applicant, Mr. Moridi supports the economic sanctions against Iran that have been imposed by the federal government. The applicant does not. He contends that sanctions hurt children in Iran and also have a negative financial impact on the Iranian-Canadian community. The applicant has been critical of Mr. Moridi’s alleged position on economic sanctions against Iran. In addition, the applicant takes the position that it is not within the scope of his role as an MPP for Mr. Moridi to take a position on a foreign policy issue, such as economic sanctions against Iran. The applicant alleges that he posted a video of Mr. Moridi and other participants in a community meeting discussing sanctions in Iran on the internet in or around January 2012 and that Mr. Moridi was upset about the posting of the video.
11On July 15, 2013, the applicant wrote to the leader of the Ontario Liberal Party, Kathleen Wynne, to complain about Mr. Moridi’s conduct at the July 2, 2013 event. The applicant submits that he sent a follow-up letter to Ms Wynne in September 2013. The applicant alleges that he has never received an apology for Mr. Moridi’s actions.
12Later in July 2013, the applicant alleges that the Ontario Liberal Party’s provincial candidate for the Scarborough-Guildwood riding in an upcoming by-election, Mitzie Hunter, cancelled an interview with the applicant on the stated basis that she was too busy. There was no offer by Ms Hunter’s office to reschedule the interview. The applicant alleges that Mr. Moridi was somehow behind the cancellation of his July 2013 interview with Ms Hunter.
ANALYSIS AND DECISION
13The main allegation in this case is that the respondents reprised against the applicant when they denied him media accreditation to cover the OLP’s AGM in March 2014. Although it is not clear that the applicant is putting them forward as alleged incidents of reprisal, the applicant also contends that the respondents mistreated him when Mr. Moridi refused to speak while the applicant was recording a July 2013 event; and when a Liberal candidate cancelled an interview with the applicant in July 2013.
14In order to succeed in a claim of reprisal under s. 8 of the Code, the applicant would have to establish that the respondent did something with the intention of retaliating against him for claiming or enforcing his rights under the Code; instituting or participating in proceedings under the Code; or refusing to infringe another person’s rights under the Code: Noble v. York University, 2010 HRTO 878.
15In this case, I find that the applicant has no reasonable prospect of success of proving that the respondents retaliated against him for claiming or enforcing his rights under the Code, because the applicant has no reasonable prospect of establishing that he did claim or enforce his rights under the Code.
16During the summary hearing, I asked the applicant to explain when he claimed or enforced his rights under the Code. The applicant alleges that he did this in his July 2013 letter to Kathleen Wynne complaining about Mr. Moridi’s conduct at the July 2, 2013 event.
17In the applicant’s July 2013 letter to Ms Wynne, the applicant complains about Mr. Moridi’s alleged failure to respect freedom of the press. He also takes the position that Mr. Moridi’s actions on July 2, 2013 were undemocratic. Freedom of the press is an important value. However, as I explained to the applicant during the summary hearing, it is not a right under the Code. There is no attempt by the applicant in the July 2013 letter to claim or enforce any of his rights under the Code.
18Nor did the applicant identify any other occasions on which he attempted to claim or enforce his rights under the Code vis-à-vis the respondents.
19Accordingly, even if the applicant were correct that the denial of his media accreditation request in March 2014, or any of the other alleged mistreatment by the respondents, was somehow linked to the applicant’s July 2013 letter to Ms Wynne, he has no reasonable prospect of proving that such actions constituted a reprisal under the Code.
20I would also note that, although the applicant asserts that the March 2014 denial of his request for media accreditation was somehow linked to his July 2013 letter to Ms Wynne, there are really no facts alleged that, if proven, would allow the Tribunal to reach the conclusion that these things were linked. For this reason as well, I find that the applicant’s reprisal claim has no reasonable prospect of success.
21For the above reasons, the Application has no reasonable prospect of success. It is dismissed accordingly.
Dated at Toronto, this 25th day of November, 2014.
“Signed by”
__________________________________
Sheri D. Price
Vice-chair