Wilkinson v. CAW/TCA Canada Local 4401, 2009 HRTO 1757

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Danny Wilkinson

Applicant

-and-

CAW/TCA Canada Local 4401 (Canadian Maritime Union)

Respondent

DECISION

Adjudicator: Sherry Liang

Date: October 23, 2009

Citation: 2009 HRTO 1757

Indexed as: Wilkinson v. CAW/TCA Canada Local 4401

1This is an Application filed on June 26, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Application essentially alleges discrimination in the operation of a union hiring hall. The respondent, the CAW/TCA Canada Local 4401 (Canadian Maritime Union) ("CMU"), is responsible for dispatching its members to work on ships, travelling in Canadian and American waters, covered by a collective agreement between Upper Lakes Shipping Inc. and the union.

3The CMU has responded to the Application and submits, among other things, that it operates in a federally regulated industry and the Application is therefore being made in the wrong jurisdiction. The CMU provided a copy of the collective agreement between it and Upper Lakes Shipping.

4The applicant was asked to respond to the respondent's position that the Application is not within the Tribunal's jurisdiction, and has not filed any submissions.

5The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, (the "Constitution"), shipping that extends beyond the limits of a province is a matter within federal jurisdiction. On the basis of the material before me, it is evident that the employment relations between the applicant and the employers to whom he is dispatched by the CMU are covered by federal law. Likewise, I am satisfied that the relations between the applicant and the CMU are also covered by federal law, such as the Canada Labour Code, R.S.C. 1985, c. L-2, and the Canadian Human Rights Act, R.S.C. 1985, c. H-6, rather than the Ontario Human Rights Code.

6The Application is therefore dismissed as it is outside the Tribunal's jurisdiction.