James McMullin v. The Corporation of the City of Windsor, 2010 HRTO 2326

Human Rights Tribunal of Ontario

Between:

James McMullin Applicant

-and-

The Corporation of the City of Windsor Respondent

Decision

Adjudicator: Ena Chadha Date: November 23, 2010 Citation: 2010 HRTO 2326 Indexed as: McMullin v. Windsor (City)

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on August 3, 2010, alleging discrimination on the basis of disability with respect to services, goods and facilities. The applicant alleges that he was mistreated and denied bus services by Transit Windsor because he uses a wheelchair. The applicant filed the Application against the respondent Corporation of the City of Windsor ("City") because he believes the City is responsible for Transit Windsor.

2On October 22, 2010, the respondent City filed its Response asking the Tribunal to dismiss the Application on an early basis because of the following two factors: 1) the City of Windsor does not operate Transit Windsor and 2) Transit Windsor is within federal jurisdiction.

3On November 3, 2010, the applicant filed submissions opposing the respondent's request to dismiss. The applicant submits that he believes that both the respondent City and Transit Windsor are provincially regulated.

Decision

4Given the issue with respect to federal jurisdiction, it is not necessary for me to address the issue of whether or not the City is responsible for Transit Windsor. The respondent provided a copy of an Ontario Labour Relations Board decision which concludes Transit Windsor falls within federal jurisdiction because it provides extra-provincial bus transportation services.

5The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally-regulated businesses. The Canadian Human Rights Commission has the power to deal with human rights matters that fall under federal jurisdiction. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. See Soler v. Luckhart Transport, 2009 HRTO 1486, and Rowland v. Canada Cartage Systems, 2009 HRTO 1941.

6Based on the information provided by the City, it appears that Transit Windsor is federally regulated because it provides inter-provincial bus service. It further appears that the Ontario Labour Relations Board has treated Transit Windsor as subject to federal legislation. As such, I find that the Application, as it pertains to Transit Windsor, falls exclusively under federal jurisdiction, and in particular, within the exclusive jurisdiction of the Canadian Human Rights Commission.

7Accordingly, the Application is dismissed.