Muhammad Qureshi v. Group 4 Securicor, 2008 HRTO 65

Human Rights Tribunal of Ontario

B E T W E E N:

Muhammad Qureshi Applicant

-and-

Group 4 Securicor Respondent

INTERIM DECISION

Adjudicator: David A. Wright Date: September 4, 2008 Citation: 2008 HRTO 65 Indexed as: Qureshi v. Group 4 Securicor

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1The applicant filed an application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on July 8, 2008, alleging discrimination in his employment with the respondent. On July 28, 2008, the Tribunal administratively issued a “Notice of Intent to Dismiss” under Rule 13.2 of its Rules of Procedure, for the reason that “the Respondent appears to be a federal government department, agency or a federally regulated business or service”. The applicant did not make submissions in response to the Tribunal’s letter as he was permitted to do.

2A dismissal under Rule 13 occurs before an application is served on a respondent, and a decision to continue to deal with an application is not a final decision on the issue of jurisdiction. When there is a potential issue relating to whether a matter falls under provincial or federal jurisdiction the Tribunal will only dismiss the application if it is plain and obvious that the matter falls under federal jurisdiction: Morin v. Alliance de la function publique du Canada, 2008 HRTO 58; Hotte v. Ontario (Finance), 2008 HRTO 63. On review of the application I am not satisfied that the test for dismissal is met. Accordingly, the Tribunal will continue to deal with the application.

3This is not a final decision regarding the Tribunal’s jurisdiction in respect of this application. I am not seized of this matter.