Reza Akhlaghi v. Amex Bank of Canada, 2013 HRTO 239

Human Rights Tribunal of Ontario

B E T W E E N:

Reza Akhlaghi Applicant

-and-

Amex Bank of Canada Respondent

DECISION

Adjudicator: Jennifer Scott Date: February 11, 2013 Citation: 2013 HRTO 239 Indexed as: Akhlaghi v. Amex Bank of Canada

WRITTEN SUBMISSIONS

Reza Akhlaghi, Applicant Self-represented

Introduction

1This Application was on filed on December 13, 2012 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2By letter dated January 9, 2013, the Tribunal advised the applicant that the Application may be outside of the Tribunal's jurisdiction because the respondent, a bank, appeared to be a federal government department, agency or a federally regulated business or service. The applicant was advised to provide written submissions on the jurisdiction issue no later than January 29, 2013. The applicant was advised further that if submissions were not provided, the Tribunal would make its decision based only on the information contained in the Application.

3On January 13, 2013, the applicant re-submitted the Application and did not provide submissions on the jurisdiction question.

4The Code only applies to matters that fall within provincial jurisdiction. The Canadian Human Rights Commission has the authority to deal with various human rights matters that fall under federal jurisdiction. Under section 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over "Banking, Incorporation of Banks, and the Issue of Paper Money". The Code therefore does not apply to banking.

5The Tribunal has no jurisdiction over this Application and it is dismissed.