Robert William Strutt v. RBC Royal Bank, 2011 HRTO 1794

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert William Strutt Applicant

-and-

RBC Royal Bank Respondent

DECISION

Adjudicator: Maureen Doyle Date: October 4, 2011 Citation: 2011 HRTO 1794 Indexed as: Strutt v. RBC Royal Bank

WRITTEN SUBMISSIONS BY

Robert William Strutt, Applicant ) Self-Represented

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on August 2, 2011, alleging discrimination in the area of goods, services and facilities, on the basis of disability.

2On August 22, 2011, the Tribunal issued a Notice of Intent to Dismiss to the Application. The Notice advised the applicant that the Application appears to be outside the Tribunal’s jurisdiction because the respondent appears to be a federally-regulated business or service. The Tribunal invited the applicant to provide written submissions by September 21, 2011, addressing the issue of jurisdiction.

3The applicant provided submissions in which he indicates that he knows it appears that the Application is outside the jurisdiction of the Tribunal because the respondent appears to be a “federal government department”. He re-states how he believes he has been discriminated against by the bank, and stresses that the alleged discrimination took place in Ontario. He states that he contacted the Canadian Human Rights Commission and that they advised him that his complaint was outside their jurisdiction and that they would not be proceeding with his complaint. He submits that his Application should proceed at this Tribunal.

Decision

4This Tribunal has no jurisdiction to proceed with the Application.

5The Code only applies to matters which fall within provincial jurisdiction and does not apply to federally regulated businesses. Pursuant to subsection 91(15) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, banking, incorporation of banks and the issue of paper money are within federal jurisdiction.

6Based on the information provided by the applicant, the respondent is a federally-regulated bank and therefore does not fall under provincial jurisdiction, and in particular, within the jurisdiction of the Human Rights Tribunal of Ontario.

7While the applicant advises that the Canadian Human Rights Tribunal has advised him that it will not be proceeding with his complaint, it does not alter the fact that this Tribunal has no jurisdiction to proceed with his Application.

8The Application is dismissed as outside of the Tribunal’s jurisdiction.