Amanda Garvey v. Doug Coleman Trucking Ltd., 2014 HRTO 1425

Human Rights Tribunal of Ontario

Between:

Amanda Garvey Applicant

-and-

Doug Coleman Trucking Ltd. Respondent

Decision

Adjudicator: Jo-Anne Pickel Date: September 24, 2014 Citation: 2014 HRTO 1425 Indexed as: Garvey v. Doug Coleman Trucking Ltd.

Written Submissions

Amanda Garvey, Applicant Self-represented

Doug Coleman Trucking Ltd., Respondent Casey Dockendorff, Counsel

1The applicant filed an Application alleging discrimination in employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant was a dispatcher for the respondent trucking company at its location in Ingersoll Ontario.

2The respondent has requested that the Application be dismissed on the grounds that it is a federally-regulated enterprise engaged in interprovincial transportation and therefore not subject to the Tribunal’s jurisdiction. In support of these submissions the respondent has produced a 2012 certification order of the Canada Industrial Relations Board certifying a number of the respondent’s employees in various locations including its location in Ingersoll Ontario. The Respondent also produced decisions by referees appointed under the Canada Labour Code which have enforced that legislation against the respondent.

3The applicant responded to the respondent’s request to dismiss by stating that the Application should continue. However, she has not disputed the facts or materials provided by the respondent.

4The Code only applies to matters that fall within provincial jurisdiction and does not apply to federal undertakings. Under s. 92(10)(a) of the Constitution Act, 1867, the regulation of interprovincial transportation is a matter of exclusive federal jurisdiction.

5Under the Tribunal’s jurisprudence, an Application will only be dismissed at this preliminary stage if it is “plain and obvious” that the matter falls under federal jurisdiction. Based on the materials provided by the respondent, I find that it is plain and obvious that the respondent’s labour relations and any human rights issues relating to its labour relations fall under federal jurisdiction.

Order

6The Application is dismissed as outside the Tribunal’s jurisdiction. The Canadian Human Rights Commission (“CHRC”) has jurisdiction over the applicant’s claim. If she wishes to pursue her claim she must file it with the CHRC.