Fee v. Nina Di Franco, 2009 HRTO 1283

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Curtis Fee

Applicant

-and-

Nina Di Franco

Respondent

INTERIM decision

Adjudicator: Brian Cook

Date: August 19, 2009

Citation Number: 2009 HRTO 1283

Indexed As: Fee v. Nina Di Franco

1This Interim Decision seeks submissions on whether the Tribunal has the jurisdiction to deal with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application was filed on February 2, 2009 and alleges discrimination in employment on the ground of record of offences. In the Response, the respondent questions whether the applicant has a record of offences within the meaning of the Code and argues that the Tribunal does not have the jurisdiction to deal with the Application.

2Section 5.1 of the Code provides:

Every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability.

3“Record of offences” is defined in section 10:

“record of offences” means a conviction for,

(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or

(b) an offence in respect of any provincial enactment.

4According to the Application, the record of offences in this case was in relation to a conviction for impaired driving, which is an offence under the federal Criminal Code. If this is the case, the applicant would have to show that he has received a pardon under the Criminal Records Act, to show that he has a record of an offence within the meaning of the Code. There is evidence or assertion regarding a pardon in the Application.

5It is necessary to determine whether the applicant has a record of offences within the meaning of the Code. If he does not, it would appear that the Tribunal does not have jurisdiction to deal with the Application.

6The applicant may make submissions on the question of whether he has a record of offences as defined in section 10 of the Code. Those submissions must be filed with the Tribunal and delivered to the respondent within two weeks of this Interim Decision. The respondent is not required to respond to the applicant’s submissions at this time. The Tribunal will consider the submissions and determine if the Application is within its jurisdiction, and the Application will be dismissed if it is not. If no submissions are received, the Application may be dismissed as abandoned.

7I am not seized.