THUNDER BAY -- The Human Rights Tribunal of Ontario has dismissed an application to investigate an allegation of discrimination on the part of the Crown Attorney's office in Thunder Bay.
The application names the Ministry of the Attorney General as well as the Thunder Bay Catholic District School Board and several other parties. It alleges discrimination with respect to goods, services and facilities because of race, colour, ancestry, place of origin, ethnic origin or creed.
It was made on behalf of a minor by the child's litigation guardian, and arose from an alleged assault committed against the child at a school.
After Thunder Bay Police investigated the incident, the Crown's office reviewed the file and—the applicant alleges—advised police that laying a charge in the case would be inappropriate and contrary to the ministry's standards.
Last February, the tribunal issued a Notice of Intent to dismiss the application as it pertains to the Crown, noting previous rulings that found the actions of prosecutors in the course of carrying out their duties are in most cases not "services" within the meaning of the Human Rights Code, and are shielded by the doctrine of prosecutorial immunity.
In a written Interim Decision released this week, the tribunal's adjudicator said "It is plain and obvious that the Crown's role in participating in the screening process with the police and the advice they give at this stage falls squarely within the exercise of prosecutorial discretion...in relation to whether a prosecution should be brought."
The adjudicator said "There would be little point in advising the police to lay charges if the Crown was of the view the case had no reasonable prospect of conviction."
He also referred to a tribunal ruling in 2010 which found that unless there were allegations of a Human Rights Code violation in which a prosecutor had a motive that involved an abuse or perversion of the system of criminal justice, prosecutorial immunity applied.
The adjudicator noted "There are no such allegations in this case."
The decision applies only to the human rights application as it relates to the Ministry of the Attorney General. In addition to the separate school board, other parties named in the application include a school and Thunder Bay Police.
From the HRTO Website:
If you believe you have experienced discrimination or harassment, you can file an application with the Human Rights Tribunal of Ontario (HRTO). The HRTO resolves claims of discrimination and harassment brought under the Human Rights Code in a fair, just and timely way. The HRTO first offers parties the opportunity to settle the dispute through mediation. If the parties do not agree to mediation, or mediation does not resolve the application, the HRTO holds a hearing.
