Suzzette Diotte v. Public Works and Government Services Canada, 2009 HRTO 125

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Suzzette Diotte

Applicant

-and-

Public Works and Government Services Canada

Respondent

DECISION

Adjudicator: Brian Cook

Date: February 4, 2009

Citation: 2009 HRTO 125

Indexed as: Diotte v. Public Works and Government Services Canada

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on December 4, 2008 alleging discrimination in her employment with the respondent. On January 15, 2009, the Tribunal issued a Notice of Intent to Dismiss under Rule 13.2 of its Rules of Procedure, because the events described in the Application occurred outside of Ontario and the respondent appears to be a federal government department, agency or a federally regulated business or service. The applicant was invited to make written submissions.

2The applicant provided submissions dated January 24, 2009. She submits that although the events in question occurred in Quebec, the respondent has operations in Ontario. She also points out that the fact that the respondent is a department of the federal government should not deprive her of her human rights.

3The Code is provincial legislation and the Tribunal can only deal with matters that come under the jurisdiction of the province of Ontario. The Canadian Human Rights Commission deals with matters that come under the jurisdiction of the government of Canada.

4In this case it is clear that the respondent comes under the jurisdiction of the government of Canada and that the Tribunal does not therefore have the jurisdiction to deal with the Application.