Victoria Fleming v. M.P. Dean Del Mastro’s Office, 2014 HRTO 325

Human Rights Tribunal of Ontario

B E T W E E N:

Victoria Fleming

Applicant

-and-

M.P. Dean Del Mastro’s Office

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: March 11, 2014

Citation: 2014 HRTO 325

Indexed as: Fleming v. M.P. Dean Del Mastro’s Office

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”), on May 31, 2011 alleging discrimination in goods, services and facilities on the grounds of disability. The applicant named “M.P. Dean Del Mastro’s Office” as the respondent in her application.

2The applicant alleges that she has been treated unfairly in asking for assistance from the respondent with the Health Canada medical marijuana regulations.

3A Notice of Intent to Dismiss (“NOID”) dated November 26, 2013 was sent to the applicant by the Tribunal. In the NOID, the Tribunal advised the applicant that it appeared that the Application was outside the Tribunal’s jurisdiction because the respondent appeared to be “a federal government department, agency or a federally regulated employer or service provider”. The Tribunal directed the applicant to provide submissions addressing this issue.

4The applicant responded to the NOID by email dated January 29, 2014. She submits that she would like to proceed with the case, but does not address the issue of the Application being outside the Tribunal’s jurisdiction.

5The respondent is a Member of Parliament of Canada and the allegations appear to relate to issues that the applicant raised with the respondent or his office while he was a Member of Parliament.

6The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Application is not within the jurisdiction of the Tribunal and accordingly

it is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.