Gordon-Cousley v. Rogers Communications, 2010 HRTO 263

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nicole Gordon-Cousley

Applicant

-and-

Rogers Communications Inc.

Respondent

DECISION

Adjudicator: Kathleen Martin

Date: February 4, 2010

Citation: 2010 HRTO 263

Indexed as: Gordon-Cousley v. Rogers Communications

1This is an Application filed on September 26, 2009, under s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment arising from the applicant's former employment with the respondent. This Decision addresses a Request for Order During Proceeding filed by the respondent seeking dismissal of the Application on the basis that the respondent is a federally regulated entity (the "Request").

2The Request was filed on December 11, 2009. In the Request, the respondent submits that it is an inter-provincial telecommunications enterprise and is subject to federal jurisdiction under Section 92(10)(a) of the Constitution Act, 1867, and thus, the Application is not within the jurisdiction of the Tribunal.

3The Request was served on the applicant. No response has been received from the applicant and the time for responding 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. In the case of this particular named respondent, the Tribunal has previously accepted that it is federally regulated and as such, falls under the jurisdiction of the Canadian Human Rights Commission (See Dougan v. Rogers Communications, 2009 HRTO 1169 and the cases referred to in that Decision.).

5Accordingly, the Application is dismissed as it is outside of the Tribunal's jurisdiction.