Patterson-Lombard v. Congress of Aboriginal Peoples, 2009 HRTO 486

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Alisa Patterson-Lombard

Applicant

-and-

Congress of Aboriginal Peoples

Respondent

DECISION

Adjudicator: David Muir

Date: April 23, 2009

Citation: 2009 HRTO 486

Indexed as: Patterson-Lombard v. Congress of Aboriginal Peoples

Reasons for Decision

1This is an Application filed December 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The respondent raised a jurisdictional issue claiming that the human rights complaint forming the subject matter of the Application could only have been brought under the Canadian Human Rights Act, R.S., 1985, c. H-6 and therefore this Tribunal had no jurisdiction to deal with the Application. Submissions were sought from the parties and have been received.

3The parties are agreed, although for different reasons, that this Tribunal has no jurisdiction over the Application and the applicant has taken steps to have her complaint dealt with under the federal Act.

4In the circumstances, and without determining the jurisdictional issue, the Application is dismissed.