Galla v. Ontario (Community Safety and Correctional Services), 2014 HRTO 262

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Galla

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and Correctional Services

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: February 25, 2014

Citation: 2014 HRTO 262

Indexed as: Galla v. Ontario (Community Safety and Correctional Services)

WRITTEN SUBMISSIONS

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community Safety and correctional Services, Respondent

Jinan Kubursi, Counsel

Introduction

1The purpose of this Interim Decision is to determine whether this Application should be deferred pending the resolution of the grievance filed by the applicant.

2In his application, the applicant alleged that the respondent discriminated against him on the grounds of disability contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). He alleged that the respondent failed to provide reasonable accommodations for his disabilities. The applicant also filed a grievance with his union in which he alleged that the respondent ignored his requests and basic needs for his Code-defined disabilities.

3On January 14, 2014, the Tribunal sent a Notice of Intent to Defer to the parties indicating that the Tribunal had determined that it might be appropriate to defer consideration of the Application pending the resolution of the applicant’s grievance. The Tribunal invited the parties, and the applicant’s union, as an affected party, to provide written submissions on the issue.

4Only the respondent filed submissions in response to the Notice. In submissions filed on February 12, 2014, the respondent submitted that it would be appropriate to defer consideration of the Application pending the resolution of the grievance. The respondent indicated that the grievance was awaiting a stage 2 meeting.

Decision

5The Tribunal may defer consideration of an application, on such terms as it may determine, and on its own initiative (Rule 14.1). The Tribunal has stated that deferral is not automatically invoked simply because the parties are involved in other legal proceedings. It is a discretionary measure that the Tribunal exercises on the basis of the circumstances in each case. Absent good reason, applicants and respondents before the Tribunal are entitled to expect the Tribunal to take timely action to resolve complaints of discrimination brought before it.

6The Tribunal has generally deferred applications where there is an ongoing grievance under a collective agreement based on the same facts and human rights issues as those set out in the Application. In explaining this approach, the Tribunal has referred to the fact that the Supreme Court of Canada has affirmed that grievance arbitrators have not only the power but also the responsibility to implement and enforce the substantive rights and obligations of human rights and other employment-related statutes as if they were part of the collective agreement (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42).

7In this case, it is apparent that there is substantial, if not complete, overlap between the facts and human rights issues covered by the Application and those referred to in the grievance. Based on the materials filed with the Tribunal, it is apparent that the applicant’s grievance is ongoing. The Application will therefore be deferred pending the completion of the grievance process.

8If the applicant believes, on conclusion of the grievance process, that her human rights issues have not been appropriately dealt with, she may ask to have her Application brought back on before the Tribunal. The Tribunal directs the parties’ attention to Rules 14.3 and 14.4 which outline the procedure by which the Application may be brought back on after the conclusion of the grievance process. The parties should note that a request to reactivate must be filed no later than 60 days after the conclusion of the grievance process.