Reid v. Ontario March of Dimes, 2009 HRTO 1649

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

William Reid

Applicant

-and-

Rehabilitation Foundation for the Disabled o/a Ontario March of Dimes, VON Canada (Middlesex, Elgin), Brian Dunbar, Lyn Leclair, Nancy Leslie and Connie Milliken

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: October 9, 2009

Citation: 2009 HRTO 1649

Indexed as: Reid v. Ontario March of Dimes

Decision

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. It alleges discrimination while the applicant was participating in a vocational rehabilitation program provided by the respondent Ontario March of Dimes (“OMOD”), in an unpaid work placement through the respondent Victorian Order of Nurses (“VON”). It appears that the applicant was referred to this program by the Canada Pension Plan Disability Vocational Rehabilitation Program (“CPPD VRP”), operated by the respondent Government of Canada. The individual respondents are employees of the organization respondents.

2In a previous Interim Decision, 2009 HRTO 1280, the Tribunal stated as follows at paras. 3-4:

The Tribunal only has jurisdiction over those matters that fall within provincial, rather than federal jurisdiction. The Code does not, in general, apply to the Government of Canada and allegations that it violated statutory human rights are made to the Canadian Human Rights Commission. It appears that the alleged violations of the Code by the Government of Canada and Carol Knowles, an employee of CPPD, do not fall under the jurisdiction of the Tribunal.

Therefore, the applicant is directed to include with his Reply submissions with regard to the Tribunal’s jurisdiction to hear the allegations against these respondents. Following receipt of the Reply, or if the applicant does not file a Reply, the Application against the Government of Canada and Carol Knowles may be dismissed for lack of jurisdiction based upon the written submissions. The respondents need not make any submissions on this issue unless directed to do so by the Tribunal.

3The applicant did not file a Reply. I conclude that the actions of the Government of Canada and Carol Knowles in the administration of the Canada Pension Plan Vocational Rehabilitation Program are outside provincial jurisdiction. Accordingly, the Application is dismissed as against these respondents.

4The Registrar’s Office will schedule a conference call with the remaining respondents as directed in para. 6 of the previous Interim Decision.

5I am not seized.