Jeffrey East v. Vancouver Police Department, 2010 HRTO 54

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jeffrey East

Applicant

-and-

Vancouver Police Department

Respondent

DECISION

Adjudicator: Naomi Overend

Date: January 13, 2010

Citation: 2010 HRTO 54

Indexed as: East v. Vancouver Police Department

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination on the basis of place of origin and citizenship in the provision of services. In his Application, the applicant describes events that are alleged to have taken place solely in Vancouver, British Columbia.

2On November 18, 2009, the Tribunal issued a Notice of Intent to Dismiss indicating that this Application appears to be outside the Tribunal’s jurisdiction because the events described in his Application took place outside of Ontario. The applicant was given an opportunity to make written submissions to the Tribunal by December 18, 2009, but has not availed himself of this opportunity.

3The Code is provincial legislation, providing protection from discrimination for acts committed within Ontario. As stated in Cash v. Stryker Canada, 2009 HRTO 1738:

As a provincial statute, the Code is subject to the constitutional limitation that provinces may not legislate “extra-territorially.” The Constitution Act, 1867, makes it clear that provincial legislative jurisdiction is confined to “property and civil rights in the Province” (s. 92(13)), and “generally all matters of a merely local or private nature in the province” (s. 92(16)).

4In light of the fact that the acts alleged in the Application took place outside of Ontario, the Tribunal has no jurisdiction over them. The Application is accordingly dismissed.