Amir Hussain v. Madina Mosque and Skinder Khan, 2016 HRTO 1675

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amir Hussain

Applicant

-and-

Madina Mosque and Skinder Khan

Respondents

DECISION

Adjudicator: Brian Cook

Date: December 23, 2016

Citation: 2016 HRTO 1675

Indexed as: Hussain v. Madina Mosque

APPEARANCES

Amir Hussain, Applicant

Self-represented

Madina Mosque and Skinder Khan, Respondents

Arif Raza, Counsel

1This Application alleges discrimination and harassment on the grounds of creed and marital status, and reprisal, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application named a Mosque and a number of individuals who may be associated with the Mosque. The applicant indicated that the contact address for all these individuals was the address for the Mosque.

2The Application was sent to the respondents using the address for the Mosque. A Response to the Application was received from Arif Raza, counsel. He advised that he was responding on behalf of the Mosque and one of the individuals named in the Application. Mr. Raza advised that the Mosque could not deliver the Application to the other individuals either because it did not know who they are or because there are several people who attend the Mosque with the same name as the named individuals.

3After reviewing the Application, the Tribunal determined that a summary hearing should be held to determine if the Application should be dismissed as having no reasonable prospect of success. The summary hearing was held by telephone on October 27, 2016.

4For the reasons that follow, the Application is dismissed. As a result, it is not necessary to seek clarification about the individuals identified as respondents.

5At the hearing, the applicant was asked if he could explain what his allegations are and how they related to his Code-protected rights. The applicant indicated that the primary issue is that when he goes to the neighbourhood where the Mosque is located, people look at him in an unpleasant way. He believes that many false things have been said about his religious beliefs and his personal life. He is particularly concerned that there may be increasing numbers of radical Islamists who are associated with the Mosque and he thinks that this may explain some of the harassment that he experiences when he goes to the neighbourhood.

6The applicant said that the way that he would prove his allegations in a hearing is that the individuals who are responsible for the harassment would be required to place their hand on a holy book and swear to tell the truth.

7On the basis of the information provided in the Application and at the summary hearing, I understand that the applicant believes that he has experienced unpleasantness when he is in the neighbourhood of the Mosque and that this is disturbing to him. However, I find that there is no reasonable prospect that the applicant could prove that he has experienced discrimination or harassment because of creed or marital status or that he experienced reprisal contrary to the Code. The Application is dismissed on that basis.