Hana Abdul v. Toronto International Film Festival, 2011 HRTO 1361

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hana Abdul

Applicant

-and-

Toronto International Film Festival

Respondent

DECISION

Adjudicator: David A. Wright

Date: July 19, 2011

Citation: 2011 HRTO 1361

Indexed as: Abdul v. Toronto International Film Festival

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges that the respondent discriminated against her because of race, colour, ancestry, place of origin and ethnic origin. She objects to a reference to a film she directed on a website entitled TIFFReviews.com.

2This decision addresses whether the Application is within the Tribunal’s jurisdiction. In a Notice of Intent to Dismiss dated June 8, 2011, the applicant was directed to explain make submissions on whether the Application identified acts of discrimination within the meaning of the Code allegedly committed by the respondent. The Application has not yet been delivered to the respondent.

3The applicant argues that the respondent has discriminated against her because she and her team are not from the “racial, ethnic, ancestry and creed that benefited from the organization in the last 15 years.” She states that they consider “TIFF like a number of organizations as historically emerged out of the ideals of another country”.

4The materials filed by the applicant make it clear that she wrote to the respondent asking it to remove the reference to her film from the website. The response she received notes that this is not the respondent’s official website and that the website has its own contact page, which notes that it is not affiliated with the Toronto International Film Festival.

5I find that this Application is outside the Tribunal’s jurisdiction. The applicant has made no allegation of any acts of discrimination within the meaning of the Code. She merely objects to a reference to a film she produced on a website by people she considers as from a different background than herself. This is not discrimination. Moreover, the materials filed by the applicant herself demonstrate that the website is not that of the respondent, and the applicant has provided no reason to question this conclusion.

6It is plain and obvious this Application is outside the Tribunal’s jurisdiction. The Application is dismissed.