Voykin v. Ottawa Police, 2015 HRTO 1096

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Voykin

Applicant

-and-

Ottawa Police

Respondent

DECISION

Adjudicator: Ken Bhattacharjee

Date: August 17, 2015

Citation: 2015 HRTO 1096

Indexed as: Voykin v. Ottawa Police

1The purpose of this Decision is to decide whether the Tribunal should dismiss the Application on a preliminary basis because it is outside the Tribunal’s jurisdiction.

2On May 11, 2015, the applicant, who identifies as a “half Jew half Russian Dukhabor”, filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleged that the respondent discriminated against him with respect to services because of his race and ethnic origin. Specifically, he alleged that he went to a police station in Ottawa to complain about housing issues and death threats, but two police officers treated him abnormally, escorted him out of the station, and told him to have no more dealings with the police.

3However, in his Application, the applicant did not explain how this alleged mistreatment by the police officers was connected to his race and ethnic origin.

4Therefore, on June 2, 2015, the Tribunal’s Registrar issued the applicant a Notice of Intent to Dismiss, which informed him that the Application appears to be outside of the Tribunal’s jurisdiction because the Application and the narrative setting out the incidents of alleged discrimination fail to identify any specific acts of discrimination within the meaning of the Code. The Tribunal invited the applicant to provide written submissions to explain how the respondent is alleged to have breached the Code.

5On June 30, 2015, the applicant re-filed the same Application and other documents that he had filed earlier. He did not file written submissions specifically addressing the Notice of Intent to Dismiss.

6Rule 13.1 of the Tribunal’s Rules of Procedure provides that the Tribunal may dismiss an application that is outside the jurisdiction of the Tribunal. Rule 13.2 further states that where it appears to the Tribunal that an application is outside its jurisdiction, it shall, prior to sending the application to the respondent, issue a Notice of Intent to Dismiss the Application. The Notice is only sent to the applicant, and requires him or her to file written submissions. Under the Tribunal’s jurisprudence, an application will only be dismissed at this preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within its jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381; Morin v. Alliance de la fonction publique du Canada, 2008 HRTO 58; and Hotte v. Ontario (Finance), 2008 HRTO 63.

7In my view, it is plain and obvious that the Application is outside the Tribunal’s jurisdiction because the applicant’s allegations of mistreatment by the respondent are not connected to any grounds under the Code.

8The Application is dismissed.