Legal Centre argues back-to-back judicial reviews on racial profiling and gender identity

TORONTO, April 16, 2015 /CNW/ - The Human Rights Legal Support Centre is defending two key decisions of the Human Rights Tribunal on Monday April 20 at Ontario's Divisional Court. 

The central question in both cases is whether a person can make a human rights claim where there has been a determination in a professional misconduct complaint – in these cases, with respect to a police officer and a doctor.

The Centre had successfully argued before the Tribunal in Claybourn v Toronto Police that the Police Services Act only deals with discipline against an individual officer, and does not address the harm caused to the person.  At the Human Rights Tribunal a claimant can ask for both personal compensation and systemic changes to discriminatory practices.

In K.M. v Kodama, the Centre argued that a complaint to the College of Physicians and Surgeons about an individual doctor's treatment should not prevent the patient from pursuing a discrimination claim.

The Centre will argue that professional discipline proceedings and human rights applications exist for different purposes.   A professional body can impose employment-related discipline but no remedy for the person wronged; the Human Rights Tribunal can compensate the claimant but may not order sanctions against the professional involved.

The Ontario Provincial Police (OPP) and Dr. Kodama are challenging the Tribunal's decisions by means of judicial review applications to the Divisional Court.  Intervenors in OPP v. DeLottinville include the African Canadian Legal Clinic, Metro Toronto Chinese & Southeast Asian Legal Clinic, the South Asian Legal Clinic of Ontario, the Ontario Human Rights Commission and the Office of the Independent Police Review Director.  Intervenors in Kodama v. K.M. include the HIV and Aids Legal Clinic of Ontario (HALCO) and the Mental Health Legal Committee (MHLC). 


Counsel, Human Rights Legal Support Centre                      


Judicial Reviews of human right tribunal decisions:

OPP v. DeLottinville

Kodama v. K.M.


Monday, April 20, 10:00 a.m.


Osgoode Hall, 130 Queen Street West at University

(room number will be posted by the court)


SOURCE Human Rights Legal Support Centre

For further information: or to arrange interviews: Jennifer Ramsay, Human Rights Legal Support Centre: 416-597-4958; mobile 416-522-5931


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