Bedore v. Canadian Forces Personnel Family Support Services, 2013 HRTO 1581

Human Rights Tribunal of Ontario

B E T W E E N:

Leslie Bedore Applicant

-and-

Canadian Forces Personnel Family Support Services Respondent

INTERIM DECISION

Adjudicator: Jay Sengupta Date: September 19, 2013 Citation: 2013 HRTO 1581 Indexed as: Bedore v. Canadian Forces Personnel Family Support Services

Introduction

1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of ancestry.

2The Application was filed on June 27, 2013. On July 23, 2013, the Tribunal issues a ”Notice of Intent to Dismiss” (“NOID”) under Rule 13.2 of the Tribunal’s Rules of Procedure for the reason that the respondent appeared to be a federally regulated employer or service provider. The Notice provided the applicant 30 days to make submissions.

3The applicant has filed submissions in response to the NOID. In it, she indicates that she contacted the Department of National Defence and was told that she was employed by a separate agency from the Canadian Forces. She takes the position that the Tribunal has jurisdiction.

4From the materials before me, as it is not plain and obvious that the matter falls under federal jurisdiction, the Tribunal will continue to deal with the Application. This decision is not a final decision regarding the Tribunal’s jurisdiction.

5The Application will be sent to the respondent along with a copy of the NOID, the applicant’s response to the NOID and this Interim Decision. The Tribunal’s decision in Masood v. Bruce Power, 2008 HRTO 381, provides some guidance about the process by which a respondent who asserts that a particular matter falls within federal jurisdiction can raise it with the Tribunal.

6The Tribunal permits respondents in such cases, without filing a full Response, to deliver and file a Request for Order During Proceedings (Form 10) in accordance with the Tribunal’s Rules of Procedure, setting out the basis upon which it argues that the matter falls within federal jurisdiction and including all its arguments and evidence in support of this conclusion.

7The respondent must file either a Response or its Request in accordance with the direction provided above within 35 days of receipt of this Interim Decision, the Application and the attached materials.

8I am not seized.