Maan Ali v. Ottawa Police Service and Office of the Independent Police Review Director, 2016 HRTO 1118

Human Rights Tribunal of Ontario

B E T W E E N:

Maan Ali Applicant

-and-

Ottawa Police Service and Office of the Independent Police Review Director Respondents

INTERIM DECISION

Adjudicator: Douglas Sanderson Date: August 23, 2016 Citation: 2016 HRTO 1118 Indexed as: Ali v. Ottawa Police Service

1This Application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination with respect goods, services and facilities because of race and place of origin.

2On June 24, 2016, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”) that advised him that the Application appears to be outside the Tribunal’s jurisdiction as against the Office of the Independent Police Review Director (“OIPRD”) the respondent, because the OIPRD is an arbitrator, adjudicator or judge. The HRTO has stated that it has no jurisdiction to hear applications against courts and tribunals based on the execution of adjudicative duties or decision-making because of the doctrine of judicial or adjudicative immunity. The Tribunal directed the applicant to file written submissions in response to the NOID by July 25, 2016.

3The NOID warned the applicant that if he did not file written submissions by the specified date, then the Tribunal would make its decision based only on the information in the Application or may consider the failure to respond as an abandonment of the Application and dismiss it for that reason. As of the date of this Decision, the applicant has not filed any submissions in response to the NOID. In the circumstances it appears the applicant has abandoned the Application as against the OIPRD.

4The Application is dismissed as abandoned as against the OIPRD. The Registrar shall serve the Application on the Ottawa Police Service.

5I am not seized.