Ronald Phipps v. Canada Post Corporation, 2010 HRTO 2178

Human Rights Tribunal of Ontario

B E T W E E N:

Ronald Phipps

Applicant

-and-

Canada Post Corporation

Respondent

DECISION

Adjudicator: Mary Truemner

Date: October 29, 2010

Citation: 2010 HRTO 2178

Indexed as: Phipps v. Canada Post Corporation

1The applicant, a letter carrier, filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging that the respondent discriminated against him on the basis of race in respect of employment. His Application indicates that Canada Post Corporation is his employer and that he is normally represented by his union, the Canadian Union of Postal Workers, a respondent to another Application alleging similar facts.

2The Tribunal issued a Notice of Intent to Dismiss because it appears that the respondent is a federal government department, agency or a federally regulated business or service, and is consequently outside the Tribunal’s jurisdiction. The applicant responded with submissions which state that the respondent’s business is in the Province of Ontario, and that there should be no question of jurisdiction where human rights are concerned.

3The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. Section 23 of the Canada Post Corporation Act states that the respondent is an agent of Her Majesty in right of Canada, and section 5 defines its objects so as to make clear its business is national and international in character. Pursuant to section 91, paragraph 5 of the Constitution Act, 1867, “postal service” is a federal undertaking. Allegations of human rights violations against this particular respondent should therefore be raised under the Canadian Human Rights Act and not the Code which governs provincial matters.

4In the circumstances, the Tribunal has no jurisdiction over this Application. The Application is therefore dismissed.