Human Rights Tribunal of Ontario Dismisses Application Citing Lack of Jurisdiction

Strategic Insights -

The Human Rights Tribunal of Ontario, led by Adjudicator Robert Gabor, has made a decision in the case of Daniel Dobson against the Rama Police Service and Evan Gorman. The applicant alleged that he was discriminated against due to his race, colour, ethnic origin, citizenship, and age, citing excessive force used by Gorman during his arrest and detention. However, the Tribunal dismissed the application, citing a lack of jurisdiction, as the applicant failed to provide a factual basis to link the respondent's conduct to his Code-enumerated grounds.

Key Takeaways:

  • The Human Rights Tribunal of Ontario has dismissed an application filed by Daniel Dobson, citing a lack of jurisdiction.
  • The applicant alleged discrimination due to his race, colour, ethnic origin, citizenship, and age, citing excessive force used by Gorman during his arrest and detention.
  • However, the Tribunal found that the applicant failed to provide a factual basis to link the respondent's conduct to his Code-enumerated grounds, relying instead on speculation and conjecture.
  • The Tribunal emphasized that a bald assertion or mere speculation is not enough to provide the required factual basis to come within its jurisdiction.
  • The decision highlights the importance of providing clear and specific evidence to support claims of discrimination.
  • The applicant's failure to provide a factual basis beyond speculation and conjecture resulted in the dismissal of the application.

Statistics:

  • The Tribunal received the application on December 10, 2022.
  • The applicant's complaint was against the Rama Police Service and Evan Gorman.
  • The respondent filed a Form 2 Response denying the applicant's allegations.
  • The applicant then filed a Form 3 Reply challenging the respondent's version of events.
  • The applicant re-submitted the Schedule "A" he had filed with the Form 3 in response to the RAS, which challenged the respondent's version of events.

Sources:

  • Human Rights Tribunal of Ontario, Decision 2024 HRTO 1042, Date: July 25, 2024
  • Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858
  • Bello v. Toronto Transit Commission, 2014 ONSC 5535
  • Mehedi v. Mondalez Bakery, 2023 ONSC 1737 (Mehedi)
  • Wu v. City of Toronto and Toronto Ombudsman, 2023 ONSC 6192
  • G.L. v. OHIP (General Manager), 2014 ONSC 5392
  • Groblicki v. Watts Water, 2021 HRTO 461