Atwijiyor v. Canadian Imperial Bank of Commerce, 2016 HRTO 1076

Human Rights Tribunal of Ontario

B E T W E E N:

Helen Atwijiyor Applicant

-and-

Canadian Imperial Bank of Commerce Respondent

DECISION

Adjudicator: Ken Bhattacharjee Date: August 12, 2016 Citation: 2016 HRTO 1076 Indexed as: Atwijiyor v. Canadian Imperial Bank of Commerce

WRITTEN SUBMISSIONS

Helen Atwijiyor, Applicant Self-represented

Canadian Imperial Bank of Commerce, Respondent Lauri Reesor, Counsel

1The purpose of this Decision is to decide whether the Application should be dismissed because it is outside this Tribunal’s jurisdiction.

2On March 9, 2016, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), with this Tribunal, which alleged that the respondent discriminated against her with respect to employment.

3The applicant also filed an identical complaint with the Canadian Human Rights Commission, which is scheduled for mediation.

4Both parties filed written submissions with this Tribunal addressing whether the Application should be dismissed because it is outside this Tribunal’s jurisdiction. The applicant is unsure whether her human rights claim falls under provincial or federal jurisdiction. The respondent’s position is that the claim clearly falls under federal jurisdiction because the respondent is a bank.

5I agree with the respondent’s position.

6This Tribunal was created by a provincial statute and the rights provided for in the Code are statutory in nature. As a provincial statute, the Code is subject to the constitutional limitation that provinces may not legislate "extra-territorially". The Constitution Act, 1867, makes it clear that provincial legislative jurisdiction is confined to "property and civil rights in the province" (s. 92(13)), and "generally all matters of a merely local or private nature in the province" (s. 92(16)).

7Pursuant to s. 91(15) of the Constitution Act, 1867, banking is within federal jurisdiction.

8Moreover, in previous cases involving the same respondent, this Tribunal has decided that the Applications are outside this Tribunal’s jurisdiction. See, for example, Guerrier v. Canadian Imperial Bank of Commerce, 2009 HRTO 124.

9Accordingly, I find that the Application is outside this Tribunal’s jurisdiction.

10The Application is dismissed.