Charles v. Crown Prosecutor, 2016 HRTO 1226

Human Rights Tribunal of Ontario

B E T W E E N:

Jason Charles

Applicant

-and-

Crown Prosecutor

Respondent

DECISION

Adjudicator: David Muir

Date: September 19, 2016

Citation: 2016 HRTO 1226

Indexed as: Charles v. Crown Prosecutor

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on June 6, 2016.

2On July 13, 2016, the Tribunal issued a Notice of Intent to Dismiss the Application (“NOID”) because it appeared that the Application may be outside of the Tribunal’s jurisdiction to decide. The applicant was directed to provide his written submissions in response to the NOID before August 12, 2016. The applicant was further advised that if he did not provide written submissions by the required time, the Tribunal may 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.

3The NOID was sent to the applicant by regular mail. There is no indication that the NOID was not received by the applicant.

4The applicant did not respond to the NOID and the time for doing so passed.

5On August 18, 2016, the Tribunal sent a copy of its July 13, 2016 letter to the applicant by email. The applicant was directed to respond by August 29, 2016, failing which the Application may be dismissed as abandoned.

6The applicant has not responded to the NOID and has not communicated with the Tribunal in any way. In the circumstances, the applicant is deemed to have abandoned the Application.

7The Application is dismissed.