Tim Doughty v. Loblaw Company Inc., 2010 HRTO 1108

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tim Doughty

Applicant

-and-

Loblaw Company Inc.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: May 18, 2010

Citation: 2010 HRTO 1108

Indexed as: Doughty v. Loblaw Company

1The Application made under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges discrimination in employment on the basis of “record of offences.” This Decision addresses whether the Tribunal has jurisdiction to deal with this Application.

2On January 28, 2010, the Tribunal issued a Notice of Intent to Dismiss on the basis that the Application appeared to be outside the Tribunal’s jurisdiction. To date, the applicant has not responded to this Notice, nor has he requested an extension of time to make his submissions.

3The Application indicates that the applicant applied for a job with the respondent company, but was advised that he could not be considered for it on the basis of his criminal conviction. The applicant acknowledges he has an unspecified criminal conviction for which he has not yet been pardoned.

4The term “record of offences” is defined in section 10(1) of the Code as follows:

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(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked; or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

5The ground “record of offences” does not protect those who have been convicted of a federal offence, but only provides protection to those who have received a pardon which has not been revoked. The definition of “record of offences” does not apply to the facts of this Application. Accordingly, the Tribunal has no jurisdiction over this Application, and the Application is dismissed.