Human Rights Tribunal of Ontario Dismisses Application Against Ontario Children, Community and Social Services

Strategic Insights -

Leah Dyck, a self-represented applicant, alleged discrimination against His Majesty the King in Right of Ontario, as represented by the Ministry of Children, Community and Social Services, citing grounds of disability and sex. The Human Rights Tribunal of Ontario, led by Adjudicator Mary MacNeill, has dismissed the application due to lack of jurisdiction. The applicant's concerns regarding the treatment of disabled Canadians and the alleged denial of benefits were deemed to be a public interest application, which only the Ontario Human Rights Commission has the standing to bring.

Key Takeaways:

  • The applicant's claims regarding her personal experiences with the ODSP case worker and Barrie Housing Corporation were deemed to be bald allegations without a factual basis, and therefore, did not fall within the Tribunal's jurisdiction.
  • The applicant failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent, contrary to the requirements of Mehedi v. Mondalez Bakery, 2023 ONSC 1737.
  • The Tribunal is not an investigative agency, and it is not the task of the Tribunal to investigate complaints to determine if a Code breach has occurred, as stated in Rivette v. Children's Aid Society of Windsor and Essex County, 202 ONSC 4973.
  • The applicant's request for a Tribunal Ordered Inquiry was denied, as it did not satisfy the test as laid out in section 44(1) of the Code.
  • The Ontario Human Rights Commission has standing to bring public interest applications, pursuant to section 35 of the Code, which allows the Commission to apply to the Tribunal for an order under section 45.3.

Statistics:

  • The applicant alleged that thousands of people were removed from the ODSP program, but she herself was not removed.
  • The applicant wants to know how many people, specifically by gender and disability type, are being denied benefits and why, but this is not within the Tribunal's jurisdiction.
  • The applicant wants the alleged denial of benefits to be "looked into," but the Tribunal is not an investigative agency.

Sources:

  • R.S.O. 1990, c. H.19, as amended (the "Code")
  • Mehedi v. Mondalez Bakery, 2023 ONSC 1737
  • Rivette v. Children's Aid Society of Windsor and Essex County, 202 ONSC 4973
  • Rivette v. Children's Aid Society of Windsor and Essex County, 2023 ONSC 4973
  • Section 44(1) of the Code
  • Section 35 of the Code
  • Ontario Human Rights Commission