Human Rights Tribunal of Ontario
B E T W E E N:
Sharon Hastings
Applicant
-and-
Federal Express Canada Freight Division
Respondent
DECISION
Adjudicator: Naomi Overend
Indexed as: Hastings v. Federal Express 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 April 21, 2010 in which she alleges discrimination on the basis of age in the area of employment. She alleges that she applied for a job with the named respondent, but was not offered a position after being asked to disclose her age during the interview.
2On June 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 she 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. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, the Canadian Parliament has jurisdiction over works and undertakings “connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province.” The respondent operates a delivery business that operates between the Provinces, as well as outside the Country, and so is clearly a federally regulated undertaking. Moreover, the Canadian Human Rights Commission lists “Fedex Freight Canada Corp.” as a federally-regulated employer and, therefore, under its jurisdiction.
4Given that this Application concerns employment with a federally-regulated employer, it is not within the jurisdiction of this Tribunal. Accordingly, the Application is dismissed.
Dated at Toronto, this 23rd day of July, 2010.
“Signed by”
Naomi Overend
Vice-chair