Michael Riley

The applicant filed a human rights application against the Ministry of Education, alleging discrimination on the basis of creed regarding the distribution of religious materials in public schools and the operation of a Protestant separate school board.

The Tribunal held a summary hearing to determine if the application should be dismissed.

The Tribunal found that the applicant lacked standing to challenge the actions of school boards outside his jurisdiction based merely on his status as a taxpayer.

Furthermore, the challenge to the Protestant separate school board was barred by s. 19(1) of the Human Rights Code and s. 93(1) of the Constitution Act, 1867.

Finally, the Tribunal held that the Ministry of Education could not be held liable for the alleged discriminatory actions of independent local school boards.

The application was dismissed as having no reasonable prospect of success.

The respondents, the Corporation of the City of Hamilton and Mayor Robert Morrow, brought preliminary motions to dismiss a human rights complaint alleging discrimination in the refusal to proclaim Gay and Lesbian Pride Week.

The City argued the Commission failed to attempt settlement with it and that it was not a proper party.

The Mayor argued the complaint was barred by the six-month limitation period in the Public Authorities Protection Act.

The Board of Inquiry dismissed all motions, finding that the Commission attempted settlement in good faith, that it was premature to dismiss the City as a party without a hearing, and that the complaint was filed within the limitation period.