Addley v. Execulink Telecom Inc., 2014 HRTO 356

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stewart Addley

Applicant

-and-

Execulink Telecom Inc.

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: March 13, 2014

Citation: 2014 HRTO 356

Indexed as: Addley v. Execulink Telecom Inc.

WRITTEN SUBMISSIONS

Stewart Addley, Applicant

Self Represented

Execulink Telecom Inc., Respondent

Jonathan Scott, Representative

Introduction

1This Decision addresses the issue of whether the Application falls within the Tribunal’s jurisdiction under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

BACKGROUND

2The applicant filed an Application alleging discrimination in employment by his former employer, Execulink Telecom Inc. (“Execulink”). Execulink requested that the Tribunal dismiss the Application on the basis that the subject matter of the Application falls within federal jurisdiction. Execulink stated that it is a telecommunications service provider and as such it is federally-regulated.

3On November 13, 2013, the Tribunal issued a Notice of Intent to Dismiss the Application (“Notice”) on the basis that the corporate respondent appears to be a federally-regulated employer. The applicant was directed to provide submissions in response to the Notice. In subsequent correspondence, both parties indicated that the applicant had filed a human rights complaint with the Canadian Human Rights Commission.

4Rule 13.1 of the Tribunal’s Rules of Procedure provides that the Tribunal may dismiss an application that is outside its jurisdiction. Under 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.

5Section 92(10) of the Constitution Act, 1867 provides that "local works and undertakings" are within provincial jurisdiction, with the exception of:

Lines of steam or other ships, railways, canals, telegraphs, and other works and undertakings connecting the province with any other or others of the provinces, or extending beyond the limits of the province.

6In Alberta Government Telephones v. Canadian Radio-television and Telecommunications Commission, 1989 CanLII 78 (SCC), [1989] 2 SCR 225, the Supreme Court of Canada found that telecommunication undertakings fell within the above exception, and were therefore within federal jurisdiction.

7Based on the above, it is plain and obvious that the employment relationship between the applicant and the corporate respondent is not governed by the Code. Accordingly, the Application is dismissed pursuant to Rule 13.1 of the Tribunal’s Rules of Procedure.