HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ronald Brighton
Applicant
-and-
First Canada ULC
Respondent
DECISION
Adjudicator: Jo-Anne Pickel
Indexed as: Brighton v. First Canada ULC
WRITTEN SUBMISSIONS
First Canada ULC, Applicant
Mathias Link, Counsel
Introduction
1This Decision addresses the issue of whether the Application falls within the Tribunal’s jurisdiction under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
BACKGROUND
2The applicant filed an Application alleging discrimination in employment because of disability.
3The respondent filed a Response and a Request for Order During Proceedings (“Request”) seeking dismissal of the Application on the basis that the subject matter falls under federal jurisdiction. The applicant did not file a Response to the respondent’s Request and the time for doing so has elapsed.
4The respondent has provided information about the nature of its business operations. The respondent has indicated that it provides bus transit services across Canada. The respondent has also confirmed that the applicant is employed as a mechanic at its Orangeville, Ontario branch.
5The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with human rights matters that fall under federal jurisdiction.
6“Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province” are matters within federal jurisdiction pursuant to section 92(10)(a) of the Constitution Act ,1867, U.K., 30 & 31 Victoria, c. 3,. The Tribunal has held that First Canada ULC is a federal undertaking. See Durrani v. First Student Canada, 2010 HRTO 1406 and Wint v. First Canada ULC, 2011 HRTO 1524.
Order
7In light of the above, this Application is not within the jurisdiction of this Tribunal. Accordingly, it is dismissed.
8I am not seized of this matter.
Dated at Toronto, this 3rd day of July, 2013.
“Signed By”
Jo-Anne Pickel
Vice- Chair