Athar Durrani v. FirstCanada ULC c.o.b. as First Student Canada and Aimee Vandammeler, 2010 HRTO 1406

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Athar Durrani

Applicant

-and-

FirstCanada ULC c.o.b. as First Student Canada and

Aimee Vandammeler

Respondents

DECISION

Adjudicator: Judith Keene

Date: June 22, 2010

Citation: 2010 HRTO 1406

Indexed as: Durrani v. First Student Canada

1The applicant filed an Application on March 11, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application alleges discrimination in the area of employment on the basis of race, place of origin, citizenship, ethnic origin and creed in the course of the delivery of workplace training delivered by his employer, the corporate respondent.

2The respondent did not file a Response. Instead, it filed a Request for an Order During Proceedings asking the Tribunal to dismiss the Application, asserting that it is a federally-regulated company. The applicant has filed no Response to the Request for Order, and the time for doing so has elapsed.

3The respondent has provided information about the nature of its business operations. The respondent has indicated that it provides bus transit services across Canada. The respondent included with its materials Certification Orders issued by the Canada Industrial Relations Board pertaining to the two locations at issue in the Application, as well as decisions of the Ontario Labour Relations Board recognising that operations that have since been purchased by the corporate respondent are federally-regulated: Laidlaw Transit Ltd. [2004], CanLII 47417 and Laidlaw Transit Ltd. [2004], CanLII 49800.

4The respondent has also confirmed that the personal respondent, the trainer, is an employee of the corporate respondent.

5“Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province” are matters within federal jurisdiction pursuant to section 92(10)(a) of the Constitution Act ,1867, U.K., 30 & 31 Victoria, c. 3,. The Code only applies to matters that fall within provincial, rather than federal, jurisdiction.

6The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction. Given that this Application is not within the jurisdiction of this Tribunal, it is dismissed.