Fariah Khokhar v. Canada Border Services Agency, Client Services, 2010 HRTO 1560

Human Rights Tribunal of Ontario

B E T W E E N:

Fariah Khokhar Applicant

-and-

Canada Border Services Agency, Client Services Respondent

DECISION

Adjudicator: Ena Chadha Date: July 19, 2010 Citation: 2010 HRTO 1560 Indexed as: Khokhar v. Canada Border Services Agency

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 November 24, 2009 alleging discrimination and reprisal in employment on the grounds of race, colour, ancestry, place of origin, citizenship, ethnic origin, creed, sex, sexual orientation, family status, marital status and age.

2On June 1, 2010, the Tribunal issued a Notice of Intent to Dismiss the Application because the Application arises out of employment with a federal government department, agency or a federally regulated service and, therefore, is outside of the Tribunal’s jurisdiction. The Tribunal invited the applicant to file submissions within 30 days of June 1, 2010 regarding the issue of jurisdiction. The Notice stated that if no submissions were received, the Tribunal would make its decision based on the information already before the Tribunal.

3No submissions have been received and the timeline for providing submissions has elapsed.

4Based on the information in the Application and accompanying documents, it appears that the applicant’s employer is federal office or agency and, therefore, the subject matter of the Application falls exclusively under federal jurisdiction.

5The Code is provincial legislation and the Tribunal can only deal with matters that come under the jurisdiction of the Province of Ontario. It is apparent that the employment relationship between the applicant and respondent is not governed by the Code. Accordingly, the Application is dismissed.