Koroma v. Peel Regional Police, 2016 HRTO 1199

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Malagie Abdul Omal Koroma

Applicant

-and-

Peel Regional Police, Windsor Police Services and Toronto-Dominion Bank

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: September 13, 2016 Citation: 2016 HRTO 1199 Indexed as: Koroma v. Peel Regional Police

WRITTEN SUBMISSIONS

Malagie Abdul Omal Koroma, Applicant

Self-represented

1This Decision addresses whether this Application falls under provincial or federal jurisdiction.

2The applicant filed an Application alleging discrimination by Peel Regional Police, Windsor Police Service and Toronto-Dominion Bank (“TD Bank”).

3On August 25, 2016, the Tribunal issued a Notice of Intent to Dismiss the Application on the basis that the issues in dispute appeared to fall within exclusive federal jurisdiction. The applicant responded by sending an e-mail that appeared to suggest that he did not intend to name the TD Bank as a respondent. However, the Application clearly makes allegations and seeks remedies against the TD Bank.

ANALYSIS

4The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally-regulated businesses. Pursuant to subsection 91(15) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, banking falls within federal jurisdiction.

5The applicant is an employee of TD Bank. Since TD Bank is a federally-regulated business, its labour relations and any human rights issues relating to its labour relations also fall within federal jurisdiction. See for example Kuate Konga v. The Toronto-Dominion Bank, 2016 HRTO 99.

Order

6The Application is dismissed as it falls under federal jurisdiction. If the applicant wishes to make a human rights claim against TD Bank, he must file a complaint with the Canadian Human Rights Commission.

7The Tribunal’s Registrar shall continue to process the Application as against the other respondents.