Moss v. Royal Bank of Canada, 2010 HRTO 15

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Leslie Moss

Applicant

-and-

Royal Bank of Canada and Antonio Vianna

Respondents

DECISION

Adjudicator: Naomi Overend

Date: January 5, 2010

Citation: 2010 HRTO 15

Indexed as: Moss v. Royal Bank of Canada

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 August 27, 2009 in which he alleges discrimination on the basis of race, colour, citizenship and reprisal in employment and contracts.

2On October 13, 2009, the Tribunal issued a “Notice of Intent to Dismiss” under Rule 13.2 of its Rules of Procedure. It indicated that the Application appeared to be outside the Tribunal’s powers to decide (jurisdiction) because “the Respondent organization appears to be a federal government department, agency or a federally regulated business or service.”

3The Tribunal sought written submissions from the applicant regarding why he believed the Application was within the Tribunal’s jurisdiction. The applicant filed written submissions on November 10, 2009 and argued that the fact that the respondent “appears to be a federally regulated business is a moot point.”

4The 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. Under s. 91(15) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3 the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money.” The Code therefore does not apply to banks. The Tribunal has no jurisdiction over this Application and, as a result, the Application is dismissed.