Gerard Couling v. Muchmusic Television and Sarah Taylor, 2010 HRTO 1192

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerard Couling

Applicant

-and-

Muchmusic Television and Sarah Taylor

Respondents

DECISION

Adjudicator: Naomi Overend

Date: May 26, 2010

Citation: 2010 HRTO 1192

Indexed as: Couling v. Muchmusic Television

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code") on December 18, 2009 in which he alleges discrimination on the basis of disability in the area of goods, services and facilities. He alleges that the respondents made comments on numerous television broadcasts which discriminated against him on the basis of his disability.

2On April 15, 2010, the Tribunal issued a "Notice of Intent to Dismiss" in which it indicated that the Application appeared to be outside the Tribunal's jurisdiction (power to decide) because "the respondent appears to be a federal government department, agency or a federally regulated business or service." The Tribunal sought written submissions from the applicant regarding why he believed the Application was within the Tribunal's jurisdiction. No submissions were received.

3The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction. The courts have found that broadcasting falls under the legislative authority of the federal government pursuant to section 92(10)(a) of the Constitution Act, 1867, U.K., 30 & 31 Victoria, c. 3, which reads as follows:

In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated: that is to say…..

10. Local Works and Undertakings other than such as are of the following Classes:

(a) Lines of Steam or other Ships, Railways, Canals, Telegraphs and other Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province…… [Emphasis added.]

4Indeed, the courts have found that both the regulation and the content of television and radio broadcasts are within exclusive federal jurisdiction: Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC), [1989] 1 S.C.R. 927; Re C.F.R.B. and Attorney-General for Canada, 1973 CanLII 788 (ON CA), [1973] 3 O.R. 819 (C.A.); Capital Cities Communications Inc. v. Canadian Radio-Television Commission, 1977 CanLII 12 (SCC), [1978] 2 S.C.R. 141.

5Given that this Application concerns the alleged content of several television broadcasts, it is not within the jurisdiction of this Tribunal. Accordingly, the Application is dismissed.