Tribunal unreasonably refused to dismiss human rights application alleging racial profiling already decided in criminal court.
The applicants sought judicial review of an interlocutory decision by the Human Rights Tribunal of Ontario refusing to dismiss a human rights application under s. 45.1 of the Human Rights Code.
The respondent had alleged racial profiling during a traffic stop, an issue previously raised and dismissed in a criminal proceeding before the Ontario Court of Justice.
The Divisional Court found exceptional circumstances to review the interlocutory decision and held that the Tribunal's decision was unreasonable.
The Tribunal failed to properly apply the principles of issue estoppel and fairness as set out by the Supreme Court of Canada, relying instead on generalized public policy concerns rather than a case-specific analysis.
The application for judicial review was granted and the matter remitted to a differently constituted panel.
Toronto Police Services Board v. Briggs, 2017 ONSC 1591