Human Rights Tribunal of Ontario Dismisses Application Citing Judicial Immunity and Lack of Jurisdiction

Strategic Insights -

Kaitlyn Dutra, a self-represented applicant, brought an application to the Human Rights Tribunal of Ontario, alleging discrimination with respect to goods, services, and facilities because of her disability. The application claimed that on May 22, 2024, she attended A. Grenville and William Davis Courthouse for a case management appearance before Justice of the Peace Amanjit Brar. However, the applicant's legal representative dialed into the incorrect courtroom, and the matter was adjourned. The applicant further alleged that there was an agreement between her representative and the Crown that would result in charges against her being dropped, but the court did not honor this agreement.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application citing the doctrine of judicial immunity, which prohibits legal proceedings against judicial actors based on their actions as adjudicators or decision-makers.
  • The Tribunal found that the application was outside its jurisdiction as it related to the outcome of a court proceeding and the administration of justice.
  • The applicant's allegations of discrimination based on disability were deemed insufficient, as a bald assertion that the actions of the respondent were because of her disability is not enough to establish the required factual basis.
  • The Tribunal cited previous decisions, including Cartier v. Nairn (2009 HRTO 2208), which described the doctrine of judicial immunity as a principle of judicial independence to ensure that judicial actors are free to execute their decision-making duties without fear of consequences.
  • The application was dismissed, and the Tribunal indicated that it would not consider the applicant's allegations of Charter violations disconnected from the Code.

Statistics:

  • 22 May 2024: The date of the case management appearance before Justice of the Peace Amanjit Brar.
  • 9 June 2025: The date of the decision by Associate Chair Leslie Lugo dismissing the application.
  • The Tribunal has previously considered similar cases, including Tran v. The Ontario Divisional Court (2023 HRTO 1164) and Ferron v. The Governing Council of Salvation Army in Canada (2017 HRTO 505), which found that the Tribunal does not have jurisdiction to review actions of the Ontario courts.

Sources:

  • Human Rights Code, R.S.O. 1990, c. H.19, as amended.
  • Cartier v. Nairn, 2009 HRTO 2208.
  • Iyirhairo v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015.
  • Rule 13.1 of the Tribunal's Rules of Procedure.
  • Tran v. The Ontario Divisional Court, 2023 HRTO 1164.
  • Ferron v. The Governing Council of Salvation Army in Canada, 2017 HRTO 505.
  • Hamza v. The Law Society of Ontario, 2024 HRTO 480.
  • Lengyel v. Public Guardian Trustee, 2023 HRTO 1791.
  • Whitman v. Simcoe Muskoka Family Connexions, 2024 HRTO 32.
  • Georgakopoulous v. Court of Appeal for Ontario, 2020 HRTO 206.
  • Atkinson v. Superior Court of Justice - Divisional Court, 2020 HRTO 705.