Human Rights Tribunal of Ontario
B E T W E E N:
Marsha Peterson Applicant
-and-
Ceva Logistics ULC Respondent
DECISION
Adjudicator: Josée Bouchard Date: May 24, 2016 Citation: 2016 HRTO 698 Indexed as: Peterson v. Ceva Logistics ULC
WRITTEN SUBMISSIONS
Marsha Peterson, Applicant Self-represented
Ceva Logistics ULC, Respondent Self-represented
Introduction
1This is an Application filed on December 9, 2015 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code") alleging reprisal.
2In its Response filed on March 9, 2016, the respondent requests the dismissal of the Application because the issues are within exclusive federal jurisdiction. The respondent operates a business in Canada providing contract logistics, freight forwarding and international and interprovincial trucking services to clients in Canada and elsewhere throughout the world. The respondent advises the Tribunal that the respondent's labour relations are governed by the provisions of the Canada Labour Code, R.S.C. 1985, c. L-2. The respondent argues that in the fall 2013, CEVA and the union, Unifor, engaged in collective bargaining to renew the collective agreement applicable to this matter and used the services of a Conciliation Officer appointed under the provisions of s. 71 of the Canada Labour Code and the collective agreement references clearly that various federal laws apply.
3In her May 12, 2016 Reply the applicant objects to the request to dismiss, arguing that the position she applied for is within provincial jurisdiction.
DECISION
4The Code only applies to matters that fall within provincial jurisdiction and does not apply to federally regulated businesses. Pursuant to subsection 92(10)(a) of the Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3, transportation works and undertakings that extend beyond the limits of the province are within federal jurisdiction. See Henry v. Ceva Logistics Inc. 2012 HRTO 321.
5Based on the information provided by the parties, the corporate respondent's business, consisting of trucking between provinces and countries, is federally regulated.
6The Tribunal has no jurisdiction to proceed with this Application. The Canadian Human Rights Commission has the power to deal with human rights matters that fall under federal jurisdiction.
7Accordingly, the Application is dismissed.
Dated at Toronto, this 24th day of May, 2016.
"signed by"
Josée Bouchard Vice-chair