HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Lorien Ray
Applicant
-and-
Air Canada
Respondent
DECISION
Adjudicator: Geneviève Debané
Date: May 22, 2014
Citation: 2014 HRTO 739
Indexed as: Ray v. Air Canada
WRITTEN SUBMISSIONS
Lorien Ray, Applicant
Self-represented
1This Application alleges discrimination with respect to services because of disability and age contrary to the Human Rights Code of Ontario, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application has not yet been delivered to the respondent.
2On March 14, 2014, the Tribunal issued a Notice of Intent to Dismiss seeking submissions from the applicant as to whether the Tribunal had jurisdiction over the subject matter of the Application since the respondent “appears to be a federal government department, agency or federally regulated business or service”.
3Though the applicant responded to the Notice her submissions did not address the issue of jurisdiction.
4The Code applies only to human rights matters that fall within provincial jurisdiction. Human rights matters that fall under federal jurisdiction are dealt with by the Canadian Human Rights Commission. The issue therefore is whether the respondent is a provincial or federal undertaking. Section 2 of the Canada Labour Code, R.S.C. 1985, c. L-2 reads as follows:
“federal work, undertaking or business” means any work, undertaking or business that is within the legislative authority of Parliament, including, without restricting the generality of the foregoing, ….
e) aerodromes, aircraft or a line of air transportation.
5The respondent is an airline and therefore a “federal work, undertaking or business”. It is subject to federal regulation. Consequently, the Tribunal does not have jurisdiction over the subject matter of the Application.
6For these reasons the Application is dismissed.
Dated at Toronto, this 22nd day of May, 2014.
“signed by”
Geneviève Debané
Vice-chair