Human Rights Tribunal of Ontario
BETWEEN:
Rui Pedreiras Applicant
-and-
Intria Items Inc. Respondent
DECISION
Adjudicator: Naomi Overend Date: November 30, 2010 Citation: 2010 HRTO 2370 Indexed as: Pedreiras v. Intria Items
1On August 30, 2010, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), in which he alleges discrimination in employment on the basis of record of offences.
2On October 21, 2010, the Tribunal issued a “Delivery of Response and Notice of Request to Dismiss” notifying the applicant that the respondent had made a request to the Tribunal to dismiss his Application on the basis that “the issues in dispute are within exclusive federal jurisdiction.” On October 25, 2010, the Tribunal sent the applicant a copy of the case book on which the respondent relied.
3The Tribunal sought written submissions from the applicant on the question of jurisdiction by November 8, 2010. The applicant did not file written submissions or otherwise communicate with the Tribunal and the time for doing so has now elapsed.
4The respondent indicates in its submissions that Intria Items Inc. (“Intria”) is a wholly owned subsidiary of the Canadian Imperial Bank of Commerce, which “performs centralized banking transaction processing in four key areas: currency, cheque, print and remittance services.”
5Under s. 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money.” The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Code therefore does not apply to banks.
6The respondent provided four labour arbitration cases involving Intria, all of which were dealt with under the Canada Labour Code, R.S.C. 1985, c. L-2, confirming that this employer is, indeed, federally regulated. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction.
7For the above reasons, the Tribunal has no jurisdiction over this Application. The Application is, accordingly, dismissed.
Dated at Toronto, this 30^th^ day of November, 2010.
“Signed By”
__________________________________
Naomi Overend Vice-chair