Carlton Smith v. Canpar Transport L.P., 2015 HRTO 404

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Carlton Smith

Applicant

-and-

Canpar Transport L.P.

Respondent

DECISION

Adjudicator: Naomi Overend

Date: March 27, 2015

Citation: 2015 HRTO 404

Indexed as: Smith v. Canpar Transport L.P.

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination with respect to employment because of race, colour, ethnic origin and disability.

2The respondent did not file a Response to this Application, but instead asked that the Tribunal dismiss it on the basis that it is a federally regulated company, not within the jurisdiction of the Tribunal. Specifically, the respondent advised that it is a "wholly owned subsidiary of TFI Transport 2 L.P." and that it is "an inter-provincial transportation company, is a federally regulated enterprise and subject to the Canada Labour Code and the Canadian Human Rights Act."

3While working for the respondent, the applicant's bargaining agent was the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 1976. It filed submissions echoing the respondent's submissions that the Application was not within this Tribunal's jurisdiction.

4The applicant was directed to file submissions in response to the respondent's request to dismiss. As directed, he filed a Response to a Request for Order (Form 11), but failed to make any submissions on the question of whether his Application was outside the Tribunal's jurisdiction.

5There does not seem to be any issue with the assertion made by the respondent that it is engaged in inter-provincial trucking. This is significant because pursuant to paragraph 92(10)(a) of the Constitution Act, 1867, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. Human rights matters that fall within federal jurisdiction are covered by the Canadian Human Rights Act, R.S.C. 1985, c.H-6.

6On the basis of the information before the Tribunal, I find that the Application falls exclusively under federal jurisdiction, and in particular, within the exclusive jurisdiction of the Canadian Human Rights Commission.

order

7The Application is dismissed.