HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Marlon Clarke
Applicant
-and-
Office of the Umpire
Respondent
decision
Adjudicator: Keith Brennenstuhl
Date: April 29, 2011
Citation: 2011 HRTO 842
Indexed as: Clarke v. Office of the Umpire
WRITTEN SUBMISSIONS
Marlon Clarke, Applicant ) Self-represented
1This is an Application under section 34 of the Human Rights Code, R.S.O., c. H. 19, as amended (the “Code”), alleging discrimination on the basis of numerous grounds in the area of services. The applicant named the Office of the Umpire as the respondent. From time to time in his Application the applicant also refers to respondent as the Judicial Review Board.
2On March 15, 2011 the Tribunal issued a combination Notice of Incomplete Application and Notice of Intent to Dismiss (“NOID””) to the applicant. The NOID advised the applicant he was required to provide additional information before his Application could be processed as complete, and that, on the basis of the information provided to date, the Application appeared to be outside the Tribunal’s power (jurisdiction) to decide as the respondent appears to be a federal government department or agency.
3The applicant was directed to provide the information necessary to complete the Application, as well as written submissions on the jurisdictional issue by no later than April 4, 2001. The NOID went on to warn the applicant that if he did not respond as directed, the Tribunal may refuse to process his Application further or could dismiss the Application as abandoned.
4The applicant did respond and the Tribunal is satisfied the Application is now sufficiently complete to permity it to be processed. Howevere he failed to provide any intelligible submisisions on the jurisdictional issue and the time for doing so has now elapsed.
5The 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. The Office of the Umpire is the federal government agency responsible for managing the proceedings of the Employment Insurance Umpire in accordance with Employment Insurance Act, S.C. 1996, c. 23. I am satisfied it is a federal agency and falls within federal jurisdiction.
6Based on the material before me, I find it is plain and obvious that the Tribunal has no jurisdiction over this Application.
7The Application is therefore dismissed.
Dated at Toronto, this 29^th^ day of April, 2011.
”signed by”________
Keith Brennenstuhl
Vice-chair