HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Thomas Milne
Applicant
-and-
Crown Attorney
Respondent
DECISION
Adjudicator: Brian Cook
Indexed As: Milne v. Crown Attorney
1This Application alleges discrimination by a Crown Attorney because of creed and record of offences.
2On review of the Application, it was not clear to the Tribunal how the allegations in the Application related to the applicant's Code-protected rights. The Tribunal issued a Notice of Intent to Dismiss, inviting the applicant to clarify how the allegations relate to the Human Rights Code. Submissions have now been received.
3The submissions indicate that the applicant’s allegations of discrimination concern the fact that a Crown Attorney filed submissions with the Supreme Court of Canada opposing the applicant’s application to the Court for leave to appeal a decision of the Ontario Court of Appeal. The submissions explain the applicant's disagreements with the findings of the lower Courts and with procedural issues regarding his legal history.
4This Tribunal has no jurisdiction to supervise the Courts, either with regard to decisions of the Courts or procedures followed during trials. The Tribunal also does not have jurisdiction to supervise decisions made by a Crown Attorney in the course of performing her duties. Decisions made by a Crown Attorney in the course of performing her duties are protected by the doctrine of prosecutorial immunity see: Dewar v. Ontario (Attorney General), 2013 HRTO 1716, and the cases cited in that Decision.
5The Tribunal has no jurisdiction to deal with the allegations in the Application and the Application is dismissed on that basis.
Dated at Toronto, this 15th day of August, 2016.
“Signed By”
Brian Cook
Vice-chair