Dougan v. Rogers Communications, 2009 HRTO 1169

1This Decision concerns whether the Tribunal has the jurisdiction to deal with an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application was filed by Travis Dougan on June 12, 2009, alleging that his employer, Rogers Communications Inc., discriminated against him on the grounds of race.

2The Tribunal wrote to the applicant on June 19, 2009, to state that it had reviewed his Application and that it appeared that the Application fell outside the Tribunal’s jurisdiction because the respondent appeared to be a federally regulated business or service. The Tribunal invited the applicant to make submissions explaining why the applicant believes the Application is within the Tribunal’s jurisdiction. The Tribunal indicated that it would consider the applicant’s submissions, if received by July 19, 2009, before deciding to either dismiss or proceed with the Application. To date the Tribunal has received no submissions from the applicant.

3I am satisfied that Rogers Communications Inc. is a national telecommunications company providing services across the country and that, as such, it is federally regulated and falls under the jurisdiction of the Canadian Human Rights Commission. A brief review of human rights case law supports this view (see Conte v. Rogers Cablesystems Ltd., 1999 CanLII 1022 (C.H.R.T.) and Pezzente v. Rogers Communications Inc., 2005 FC 953). I have no submissions from the applicant to suggest this not to be the case. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.