Durant v. Rand Logistics o/a Lower Lakes Towing Ltd., 2016 HRTO 1152

Human Rights Tribunal of Ontario

B E T W E E N:

Brandon Durant

Applicant

-and-

Rand Logistics o/a Lower Lakes Towing Ltd.

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: August 30, 2016

Citation: 2016 HRTO 1152

Indexed as: Durant v. Rand Logistics o/a Lower Lakes Towing Ltd.

WRITTEN SUBMISSIONS

Brandon Durant, Applicant

Self-represented

Rand Logistics o/a Lower Lakes Towing Ltd., Respondent

Thomas McRae, Counsel

1The applicant filed an Application alleging that the respondent discriminated against him contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The respondent is the applicant’s previous employer. It is a company that provides interprovincial and international bulk shipping services on the Great Lakes.

2In its Response, the respondent requested that the Tribunal dismiss the Application on the basis that it is a federally regulated business and therefore subject to the Canadian Human Rights Act. The respondent sought to rely upon s. 92(10) (a) of the Constitution Act, 1867 which provides that shipping that extends beyond the limits of a province falls under federal jurisdiction. It also sought to rely upon one of the Tribunal’s previous decisions in which it found that the respondent was federally-regulated: Pierce v. Lower Lakes Towing, 2011 HRTO 134.

3The Applicant opposes the respondent’s request. In particular, the applicant does not understand why the respondent is relying on a statute from 1867. He also does not appear to understand the constitutional division of power between the federal and provincial levels of government and its impact in the area of human rights.

4The Constitution Act, 1867 is not just an ordinary statute. It is part of the Constitution of Canada which is the supreme law of Canada. As such, it is binding on this tribunal on all other tribunals, and on all governments and government institutions.

5By combined operation of s. 92(10) (a) and 91(29) of the Constitution Act, 1867 shipping that extends beyond the limits of a province falls under federal jurisdiction. What this means is that the respondent’s operations fall under federal jurisdiction. For this reason, the respondent is subject to the Canadian Human Rights Act, R.S.C., 1985, c. H-6 and not the Ontario Human Rights Code. Accordingly, the applicant’s discrimination claim must be filed with the Canadian Human Rights Commission.

6I understand that the applicant views this issue as a “technicality”. However, it is in fact a fundamental issue relating to the limitations posed on the Tribunal’s jurisdiction by the division of powers in the Canadian Constitution.

ORDER

7Accordingly, the Application is dismissed.