Pierrette Parent Gallant v. The Royal Bank of Canada, 2010 HRTO 252

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pierrette Parent Gallant Applicant

-and-

The Royal Bank of Canada Respondent

DECISION

Adjudicator: Michelle Flaherty Date: February 3, 2010 Citation: 2010 HRTO 252 Indexed as: Gallant v. Royal Bank

1The applicant filed an Application with the Tribunal alleging discrimination in employment on the basis of sex contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code").

2The Tribunal administratively issued a Notice of Intent to Dismiss advising the applicant that the Application may be outside the Tribunal's jurisdiction (power to decide) because the respondent appears to be a federally-regulated business. The Tribunal invited written submissions from the applicant on the issue of dismissal.

3The applicant has not filed written submissions and the time for doing so has elapsed.

4The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with various human rights matters that fall under federal jurisdiction. Under 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 therefore does not apply to banks, regardless of where they may be located.

5The Tribunal has no jurisdiction over this Application and, as a result, the Application is dismissed.