Thompson v. Toronto Police Services Board, 2015 HRTO 1631

Human Rights Tribunal of Ontario

B E T W E E N:

Nehemiah Thompson Applicant

-and-

Toronto Police Services Board Respondent

INTERIM DECISION

Adjudicator: Jennifer Scott Date: December 2, 2015 Citation: 2015 HRTO 1631 Indexed as: Thompson v. Toronto Police Services Board

WRITTEN SUBMISSIONS

Nehemiah Thompson, Applicant

Self-represented

Introduction

1This Application relates to the alleged conduct of the police when the applicant returned to his former housing unit to inquire about the return of his last month’s rent. The applicant’s former landlord accused him of breaking and entering and called the police. The applicant alleges that the police attended with their guns drawn and placed the applicant in handcuffs. The applicant believes that he was discriminated against because of his race. He states that there are not many black people in the neighbourhood of his former housing unit and it was for this reason that the police came with their guns drawn. He alleges further that the police placed him in handcuffs. The Application alleges discrimination on the basis or race, colour, disability and receipt of public assistance contrary to the Human Rights Code, R.S.O. c. H. 19, as amended.

2On October 20, 2015, the Tribunal issued a Notice of Intent to Dismiss Application (“NOID”) because it appeared to be outside of the Tribunal’s jurisdiction. Specifically, the NOID indicated that the narrative setting out the incidents of alleged discrimination in the Application failed to identify any specific acts of discrimination within the meaning of the Code.

ANALYSIS AND DECISION

3An application will be dismissed at a preliminary stage, before it is served on the respondent, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction.

4It is not plain and obvious that the Application is not within the Tribunal’s jurisdiction. Therefore, the Tribunal will continue to process the Application.

5A copy of the Application, the NOID and this Interim Decision will be sent to the respondent. The respondent is directed to file a Response to the Application in accordance with the Tribunal’s Rules.

6I am not seized.