Bedore v. Canadian Forces Personnel Family Support Services, 2014 HRTO 140

Human Rights Tribunal of Ontario

B E T W E E N:

Leslie Bedore Applicant

-and-

Canadian Forces Personnel Family Support Services Respondent

DECISION

Adjudicator: Naomi Overend Date: January 30, 2014 Citation: 2014 HRTO 140 Indexed as: Bedore v. Canadian Forces Personnel Family Support Services

WRITTEN SUBMISSIONS

CFPFSS, Respondent Erin Stevens, Representative

Introduction

1The applicant filed this Application alleging discrimination with respect to employment because of ancestry contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent was the former employer of the applicant.

2Shortly after the Application was filed, the Tribunal issued a “Notice of Intent to Dismiss” (“NOID”) because the respondent appeared to be a federally regulated employer or service provider. The applicant filed submissions in response to the NOID in which she indicated that she contacted the Department of National Defence and was told that she was employed by a separate agency from the Canadian Forces. She took the position that the Tribunal has jurisdiction. At this stage, the respondent had not been served with the Application, nor had it been invited to make submissions on the Tribunal’s jurisdiction.

3In an Interim Decision, 2013 HRTO 1581, the Tribunal found that it is not plain and obvious that the matter falls under federal jurisdiction, but invited the respondent to file a Request for Order During Proceedings if it felt that the subject matter of this Application fell within federal jurisdiction.

4After receiving the Interim Decision and the Application, the respondent filed a Request for Order asking the Tribunal to dismiss the Application. It submits that the matter properly falls within the jurisdiction of the Canadian Human Rights Commission (CHRC). The applicant did not file a response to the Request for Order and the time for so doing has now passed.

Decision and Analysis

5The respondent provided the following facts and arguments which the applicant did not contest. The Canadian Forces Personnel Family Support Services is also known as the Staff of Non-Public Funds, Canadian Forces. This agency is listed in Schedule V of the Financial Administration Act, R.S.C., 1985, c. F-11 under the heading “Separate Agencies” and, as such, is part of the “federal public administration.”

6The respondent submits that federal departments and agencies are properly within the jurisdiction of the Canadian Human Rights Act, R.S.C. 1985, c. H-6, and not the Code. As a result the respondent submits that the applicant should pursue her complaint before the CHRC and that the Tribunal should dismiss this Application.

7The subject matter of the Application relates to the applicant’s employment with the respondent. Although it appears the respondent is a separate agency from the Canadian Forces (and Department of National Defence), the federal “public service” is defined in the Financial Administration Act as including the separate agencies listed in Schedule V. The regulation of labour relations in a federal agency such as the respondent is within exclusive federal jurisdiction and is thus outside the jurisdiction of this Tribunal.

8The Application is dismissed.