Sankaran v. TD Bank, 2014 HRTO 401

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sridhar Sankaran

Applicant

-and-

TD Bank

Respondent

DECISION

Adjudicator: Jennifer Scott

Date: March 21, 2014

Citation: 2014 HRTO 401

Indexed as: Sankaran v. TD Bank

WRITTEN SUBMISSIONS

Sridhar Sankaran, Applicant

Self-represented

Introduction

1This Application was filed on November 18, 2013 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2By letter dated January 31, 2014, the Tribunal advised the applicant that the Application may be outside of the Tribunal’s jurisdiction because the respondent, a bank, appeared to be a federal government department, agency or a federally regulated business or service. The applicant was advised to provide written submissions on the jurisdiction issue no later than March 3, 2014. The applicant was advised further that if submissions were not provided, the Tribunal would make its decision based only on the information contained in the Application.

3On February 22, 2014, the applicant provided his submissions. The applicant did not respond to the question of jurisdiction and instead, reiterated his allegations of discrimination.

4The Code only applies to matters that fall within provincial jurisdiction. The Canadian Human Rights Commission has the authority to deal with various human rights matters that fall under federal jurisdiction. Under section 91(15) of the Constitution Act, 1867, the federal Parliament has jurisdiction over “Banking, Incorporation of Banks, and the Issue of Paper Money”. The Code therefore does not apply to banking.

5The Tribunal has no jurisdiction over this Application and it is dismissed.