Barbe v. Henvey Inlet First Nation, 2009 HRTO 554

Human Rights Tribunal of Ontario

B E T W E E N:

Aaron Barbe-Noganosh by his next friend Amanda Barbe

Applicant

-and-

Henvey Inlet First Nation and Charlene Ashawasegai

Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: May 4, 2009

Citation: 2009 HRTO 554

Indexed as: Barbe v. Henvey Inlet First Nation

1The applicant filed an Application on January 13, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination on the basis of disability in the area of goods, services and facilities. The Application names "Henvey Inlet First Nation" and "Henvey Inlet First Nation Day Care Centre" as organizational respondents and Charlene Ashawasegai as an individual respondent.

2Responses were received from Henvey Inlet First Nation and the individual respondent. The respondents submit that Henvey Inlet First Nation is a "band" pursuant to the Indian Act, R.S.C. 1985, c. I-5, with administrative offices located in the village of Pickerel, Robinson-Huron Indian Reserve #13. The respondents submit that Henvey Inlet Day Care, referred to in the Application as "Henvey Inlet First Nation Day Care Centre", is a day nursery operated by Henvey Inlet First Nation, located in band-owned premises, in the village of Pickerel. The individual respondent is employed by Henvey Inlet First Nation.

3The respondents submit that, at the material time, Henvey Inlet First Nation operated a day nursery under a provisional licence issued by the Ministry of Children and Youth Services, pursuant to the Ontario Day Nurseries Act, R.S.O. 1990, c. D.2. A copy of the licence was attached to their Responses. The respondents also submit that "Henvey Inlet First Nation Day Care Centre" is not a person at law and is incapable of being a party to a proceeding before the Tribunal. The style of cause has been amended accordingly.

4The material before the Tribunal raises an issue of whether the matters raised in the Application are subject to federal or provincial jurisdiction. As the Code only applies to matters that fall within provincial jurisdiction, the Tribunal requests written submissions from the parties to address the issue of the Tribunal's jurisdiction.

5The Tribunal makes the following Order:

(a) The applicant is directed to deliver to the respondents and file with the Tribunal by no later than May 25, 2009, written submissions which address whether the Application is within the Tribunal's jurisdiction.

(b) The respondents are directed to deliver to the respondents and file with the Tribunal by no later than June 15, 2009, their submissions in response to the applicant's submissions.

6I am not seized of this matter.