Kalkat v. Health Canada, 2014 HRTO 1321

Human Rights Tribunal of Ontario

Between:

Ruminder Singh Kalkat Applicant

-and-

Health Canada, Q Residential Country Club Towers and Ashak Jairath Respondents

Decision

Adjudicator: Jo-Anne Pickel Date: September 8, 2014 Citation: 2014 HRTO 1321 Indexed as: Kalkat v. Health Canada

Written Submissions

Ruminder Singh Kalkat, Applicant Self-represented

Introduction

1In his Application, the applicant alleged that the respondents discriminated against him because of the ground of race, colour, ancestry, place of origin, ethnic origin, disability, creed, age and receipt of public assistance contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2In his Application, he alleged that Dr. Ashak Jairath asked him if he wanted him to give the applicant diabetes. The applicant also alleged that representatives of his housing complex bugged his apartment and regularly entered and damaged it. In addition to these allegations, the applicant included allegations against two other individuals who are not named as respondents.

3On July 24, 2014, the Tribunal issued a Notice of Intent to Dismiss the Application ("NOID") because it appeared to be outside of the Tribunal's jurisdiction. Specifically, the NOID indicated that the narrative setting out the incidents of alleged discrimination in the Application failed to identify any specific acts of discrimination within the meaning of the Code. The NOID also indicated that one of the respondents appeared to be a federal government department over which the Tribunal has no jurisdiction.

4The Tribunal directed the applicant in the NOID to provide written submissions regarding these jurisdictional issues. The applicant filed submissions opposing dismissal. In his submissions, he alleged that Dr. Jairath told him "what if I give you a false diagnosis?". He also alleged that Dr. Jairath told him not to eat meat or he would get sick.

5The applicant made no submissions with respect to Health Canada.

6With respect to Q Residential Country Club Towers, he reiterated his allegations regarding breaches of privacy. He noted also that he set up a camera to tape the intrusions on his privacy but the intrusions stopped when the camera was running. He also alleged that representatives of this respondent constantly talk down to him.

Analysis and Decision

7At this preliminary stage in the proceeding, the Tribunal will dismiss an application only if it is "plain and obvious" that it is outside the Tribunal's jurisdiction. I find that it is plain and obvious that the applicant's claims against the respondents fall outside the Tribunal's jurisdiction.

8The applicant's claim against Health Canada falls outside the Tribunal's jurisdiction because Health Canada is a federal government department. It is established law that federally-regulated entities fall outside the Tribunal's jurisdiction under the Code. As well, the Application does not identify any acts of alleged discrimination by Health Canada.

9The Tribunal does not have jurisdiction over cases of general unfairness that is unconnected to a ground protected under the Code. It is plain and obvious that the allegations the applicant made against Dr. Jairath and Q Residential Country Club Towers have no connection to any protected ground under the Code. Therefore, the Application is dismissed as it has failed to identify any specific acts of discrimination within the meaning of the Code.

Order

10For the reasons set out above, the Application is dismissed as outside the Tribunal's jurisdiction.