Sterling v. First Canada ULC, 2015 HRTO 601

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Frédéric Sterling

Applicant

-and-

First Canada ULC and Justin Leblanc

Respondents

DECISION

Adjudicator: Jo-Anne Pickel

Date: May 11, 2015

Citation: 2015 HRTO 601

Indexed as: Sterling v. First Canada ULC

WRITTEN SUBMISSIONS

Frédéric Sterling, Applicant

Self-represented

First Canada ULC and Justin Leblanc, Respondents

Ian Campbell, Counsel

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 because of race and colour. He sought employment from the corporate respondent as a school bus driver. In his Application, he alleged that the respondents terminated his employment for discriminatory reasons.

3In their Response, the respondents sought dismissal of the Application on the basis that the subject matter falls under federal jurisdiction. The respondents stated that the corporate respondent provides, among other things, scheduled and chartered bus transportation to educational institutions and the public throughout Canada. The personal respondent is an employee of the corporate respondent. The respondents confirmed that the applicant sought employment at the corporate respondent’s Cumberland branch. The respondents stated that the Cumberland branch regularly offers inter-provincial transportation services between Ontario and Quebec.

4The applicant responded to the respondents’ dismissal request by stating that the respondents should be held responsible for their actions. He did not dispute the facts relating to the corporate respondent’s transportation services.

5The Code only applies to matters that fall within provincial, rather than federal, jurisdiction. The Canadian Human Rights Commission has power to deal with human rights matters that fall under federal jurisdiction.

6“Works and Undertakings connecting the Province with any other or others of the Provinces, or extending beyond the Limits of the Province” are matters within federal jurisdiction pursuant to section 92(10)(a) of the Constitution Act,1867, U.K., 30 & 31 Victoria, c. 3. The Tribunal has held that First Canada ULC is a federal undertaking. See Durrani v. First Student Canada, 2010 HRTO 1406; Wint v. First Canada ULC, 2011 HRTO 1524; Brighton v. First Canada ULC, 2013 HRTO 1156; and McPhail v. First Canada ULC, 2014 HRTO 995.

Order

7In light of the above, I am satisfied that the Application is not within the jurisdiction of this Tribunal. Accordingly, it is dismissed. If the applicant wishes to challenge the respondents’ actions, he must do so by filing a complaint with the Canadian Human Rights Commission.

8I am not seized of this matter.