Mischa Ettinger v. Cogeco Cable Inc., 2016 HRTO 979

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mischa Ettinger

Applicant

-and-

Cogeco Cable Inc.

Respondent

DECISION

Adjudicator: Jo-Anne Pickel Date: July 26, 2016 Citation: 2016 HRTO 979 Indexed as: Ettinger v. Cogeco Cable Inc.

WRITTEN SUBMISSIONS

Mischa Ettinger, Applicant

Self-represented

1This Application alleges discrimination with respect to employment contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On July 20, 2016, the Tribunal sent applicant a Notice of Intent to Dismiss ("NOID") the Application on the basis that the respondent appeared to be a federal federally regulated employer or service provider. The applicant filed submissions in response to the NOID in which he stated that he received legal advice that his Aplication could be heard by the Tribunal on the basis that the respondent is in violation of "the Human Rights Code of Canada".

3This Tribunal only has jurisdiction over matters that fall under provincial jurisdiction. Human rights complaints relating to federally-regulated employers fall under federal jurisdiction. Complaints against these employers must be filed with the Canadian Human Rights Commission.

4The Tribunal has held that Cogeco Cable Inc./Cogeco Cable Canada GP Inc. is a federally-regulated telecommunications company. See Kumar v. Cogeco Cable Canada GP Inc., 2015 HRTO 113. It is established in the caselaw that telecommunications undertakings fall under federal jurisdiction. See Alberta Government Telephones v. Canadian Radio-television and Telecommunications Commission, [1989] 2. S.C.R. 225. The Tribunal has dismissed applications against respondents who provide cable telecommunication services. See, for example, Dougan v. Rogers Communications, 2009 HRTO 1169 and Swift v. Bell Technical Solutions, 2013 HRTO 210.

5Based on the above, I find that the respondent is a federally-regulated entity and the Tribunal has no jurisdiction over this matter.

order

6The Application is dismissed. If the applicant wishes to file a human rights complaint against the respondent, he must file the complaint with the Canadian Human Rights Commission.