Human Rights Tribunal of Ontario Dismisses Application Against Durham Region Courthouse Crown Attorney's Office

Strategic Insights -

The Human Rights Tribunal of Ontario has issued a decision dismissing an application filed by Tedroy Gomes against the Durham Region Courthouse Crown Attorney's Office. The application alleged racial and family status discrimination as well as reprisal, but the Tribunal found that the allegations were fragmented and difficult to follow, and did not clearly explain what happened, when it happened, where it happened, or how the respondent was responsible. The Tribunal also found that the application did not comply with its direction regarding the 10-page limit and did not coherently explain the applicant's allegations against the named respondent.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed an application filed by Tedroy Gomes against the Durham Region Courthouse Crown Attorney's Office due to the applicant's failure to provide a coherent narrative explaining the allegations of racial and family status discrimination and reprisal.
  • The application was found to be fragmented and difficult to follow, and did not comply with the Tribunal's direction regarding the 10-page limit.
  • The Tribunal noted that the applicant believes there is systemic and institutional discrimination in the justice system, but it was not possible to discern the specific nature of their allegations from the fragmented pleadings and submissions.
  • The Tribunal emphasized the importance of complying with its direction regarding the 10-page limit and providing a coherent narrative explaining the applicant's allegations against the named respondent.
  • The Tribunal also highlighted its limited jurisdiction in enforcing the Human Rights Code, and the need for applicants to provide sufficient details describing each incident of discrimination and reprisal.

Statistics:

  • The application was filed on an unspecified date (but was assessed by the Tribunal on October 24, 2024).
  • The Tribunal issued a Case Assessment Direction (CAD) on October 24, 2024, advising the applicant to file a short statement clearly describing each incident of alleged discrimination by each named respondent.
  • The applicant filed four sets of submissions in response to the CAD, including a 13-page document, a 49-page document with appendices, a 6-page document, and a 24-page document with a Form 10 Request for Order During Proceedings.
  • The Tribunal notes that the applicant's submissions did not comply with the 10-page limit and did not provide a coherent narrative explaining the allegations.

Sources:

  • Human Rights Tribunal of Ontario, Gomes v. Durham Region Courthouse Crown Attorney's Office, 2025 HRTO 328.
  • Human Rights Code, R.S.O. 1990, c. H. 19, as amended.
  • Divisional Court of Ontario, Rivette v. Children's Aid Society of Windsor and Essex County, 2020 ONSC 4973.