Michel St-Pierre v. Health Canada, First Nations Inuit Health Branch and Mike Lovett, 2012 HRTO 606

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Michel St-Pierre

Applicant

-and-

Health Canada, First Nations Inuit Health Branch and Mike Lovett

Respondents

DECISION

Adjudicator: Naomi Overend

Date: March 23, 2012

Citation: 2012 HRTO 606

Indexed as: St-Pierre v. Health Canada

1On October 19, 2011, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), in which he alleges discrimination in employment on the basis of sex and age.

2On February 22, 2012, the Tribunal issued a “Delivery of Response and Notice of Request to Dismiss” notifying the applicant that the respondents had made a request to the Tribunal to dismiss his Application on the basis that “the issues in dispute are within exclusive federal jurisdiction.”

3In their Response, the respondents noted that the applicant had incorrectly named the organizational respondent as the “Sioux Lookout Zone Dental Program.” They note that the proper name is Health Canada, First Nations Inuit Health Branch. The individual respondent, Mike Lovett, is the Zone Director, Sioux Lookout Zone with the organizational respondent.

4As a department of the federal government, it is clear the Health Canada (and its various subordinate branches) is not provincially-regulated. The Canadian Human Rights Commission (“CHRC”) has power to deal with various human rights matters that fall under federal jurisdiction. The applicant has asked the Tribunal to “forward” his file to the CHRC, but it is his responsibility to file with the CHRC.

5The applicant filed brief submissions in Reply. He states that he was not discriminated against by Health Canada, but instead by “several of Health Canada’s employees.” This does not take his allegations out of the federal sphere.

6For the above reasons, the Tribunal has no jurisdiction over this Application. The Application is, accordingly, dismissed.