Rajiv Sharma v. The Regional Municipality of Waterloo Police Services Board, 2015 HRTO 826

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rajiv Sharma

Applicant

-and-

The Regional Municipality of Waterloo Police Services Board, Waterloo Regional Police Association and Acclaim Ability Management Inc.

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: June 19, 2015

Citation: 2015 HRTO 826

Indexed as: Sharma v. The Regional Municipality of Waterloo Police Services Board

1This matter proceeded to a preliminary hearing commencing on June 18, 2015 and the preliminary hearing is scheduled to continue on June 25 and 29, 2015.

2One of the issues to be addressed at the preliminary hearing is a request for dismissal of part of the Application pursuant to s. 45.1 of the Code on the basis that certain issues were already dealt with by the Ontario Human Rights Commission in the context of a complaint filed by the applicant with the Commission in 2004 (Commission file no. NRIX-68QRK5). Another issue to be addressed at the preliminary hearing is a request by the applicant to amend his Application to include allegations that pre-date the decisions made by the Commission in 2008 dismissing his complaint. This raises the issue of whether all or any of such allegations already were raised before and addressed by the Commission.

3The respondent The Regional Municipality of Waterloo Police Services Board (the “Board”) has filed before me certain materials that were disclosed to it in the context of the complaint filed with the Commission, including the complaint itself, the Board’s response, the complainant’s reply, the Commission’s original decision dated September 23, 2008, the applicant’s request for reconsideration, and the Commission’s reconsideration decision dated December 16, 2008.

4I have directed the Board to disclose to the applicant and the other respondents and file with the Tribunal a copy of the s. 36 case analysis report prepared by the Commission, the respondents’ written submissions in response to this report, the reconsideration report (if any), and the respondents’ written submissions in response to the reconsideration report (if any). I also have directed the applicant to disclose to the respondents and file with the Tribunal a copy of the written submissions that he filed in response to the case analysis report and the written submissions he filed in response to any reconsideration report. The Board and the applicant have been directed to disclose and file this material by the end of the day on Monday, June 22, 2015, if it can be located by them.

5I want to ensure that the Tribunal has as complete a record of the packages of material that were before the Commission for the purpose of making its original decision dated September 23, 2008 and its reconsideration decision dated December 16, 2008. I am aware that sometimes materials are included in such packages that are not disclosed to either party, and I also am concerned about the ability of the parties themselves to track down the materials I have directed them to produce so long a time after the Commission decisions were made.

6As I understand the process for obtaining such materials from the Commission, I am required to make an order. Accordingly, I am hereby making an order requiring the Commission to file with the Tribunal a complete copy of the packages of materials that were before the Commissioners for the purpose of making the Commission’s original decision dated September 23, 2008 and its reconsideration decision dated December 16, 2008, in Commission file no. NRIX-68QRK5 with Rajiv Sharma as complainant and the Waterloo Regional Police Service and five individuals as respondents. This order does not extend to or include any legal opinions that may have been put before the Commission. I appreciate that this is on short notice and also appreciate the Commission’s assistance in disclosing this material.

7This material is to be filed by the Commission with the Tribunal by the end of the day on Tuesday, June 23, 2015. The Tribunal will arrange for disclosure of these materials to the parties in this proceeding.

ORDER

8For the foregoing reasons, I hereby make the following order:

a. By no later than the end of the day on Monday, June 22, 2015,

i. The respondent Board shall disclose to the applicant and the other respondents and file with the Tribunal a copy of the s. 36 case analysis report prepared by the Commission, the respondents’ written submissions in response to this report, the reconsideration report (if any), and the respondents’ written submissions in response to the reconsideration report (if any); and

ii. The applicant shall disclose to the respondents and file with the Tribunal a copy of the written submissions that he filed in response to the case analysis report and the written submissions he filed in response to any reconsideration report; and

b. By no later than the end of the day on June 23, 2015, the Commission shall file with the Tribunal a complete copy of the packages of materials that were before the Commissioners for the purpose of making the Commission’s original decision dated September 23, 2008 and its reconsideration decision dated December 16, 2008, in Commission file no. NRIX-68QRK5 with Rajiv Sharma as complainant and the Waterloo Regional Police Service and five individuals as respondents.