The respondents brought a request for early dismissal of the human rights application under section 45.1 of the Code, arguing that the substance of the application had been appropriately dealt with in a complaint process under Part V of the Police Services Act.
The applicant argued that the prior process was not a 'proceeding' because he was unrepresented and did not effectively participate.
The Tribunal rejected this argument, finding that the opportunity to participate fully and be represented is what characterizes a proceeding, and the applicant's failure to participate was his own responsibility.
Finding that the substance of the application was appropriately dealt with in the prior proceeding, the Tribunal dismissed the application.
