Macyshyn v. Garda, 2011 HRTO 378

Human Rights Tribunal of Ontario

Between:

Zenon Macyshyn Applicant

-and-

Garda Respondent

Decision

Adjudicator: Sherry Liang Date: February 24, 2011 Citation: 2011 HRTO 378 Indexed as: Macyshyn v. Grada

1This is an Application filed on January 11, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code").

2On February 9, 2011, the Tribunal issued a Notice of Intent to Dismiss, indicating that it appears the Application is outside the Tribunal's jurisdiction because the respondent appears to subject to federal and not provincial jurisdiction. The applicant was invited to make submissions in response to the Notice.

3The applicant sent correspondence on February 21, in which he states that based on his research, the respondent is not federal but provincial. He states that he has obtained a list of companies considered federal employers under the Canadian Human Rights Act, R.S., 1985, c. H-6, and it does not include the respondent Garda.

4It is not clear from where the applicant obtained the list of companies he has provided, but there is nothing to indicate that it is a complete listing of federally-regulated employers. Indeed, it is hard to see how it can be a complete list, as the issue of whether an employer is subject to provincial or federal jurisdiction often does arise, or need to be determined unless there is a legal proceeding that requires such a determination.

5In the Application, the applicant alleges discrimination in a hiring process. The position for which he applied was as an airport screening officer, whose essential duties are screening passengers. Other tribunals have consistently found that employees involved in the pre-boarding screening of passengers and baggage fall within federal jurisdiction because their work is functionally integrated into the air transportation of passengers, which is a matter within federal competence: see Public Service Alliance of Canada v. Canadian Corps of Commissionaires, 2006 CanLII 63608 (NB L.E.B.); United Plant Guard Workers of America, Local 1962 v. National Protective Service Company Limited, 1987 CanLII 3015 (ON L.R.B.); A.S.P. Incorporated, 2006 CanLII 62929 (C.I.R.B.).

6I find that the matters the applicant raises are therefore within federal and not provincial jurisdiction, and the Application is dismissed.