Human Rights Tribunal of Ontario Dismisses Application Against Meta Platforms, Inc.

Strategic Insights -

The Human Rights Tribunal of Ontario has dismissed an application alleging discrimination against Meta Platforms, Inc. on the grounds of gender expression, gender identity, sex, and sexual orientation. The applicant, Gigi Trudel, alleged that Meta removed his posts from its social media platform, Facebook, due to his trans identity. However, the Tribunal ruled that Meta's conduct falls under federal jurisdiction, rendering the application outside of its jurisdiction.

Key Takeaways:

  • The Tribunal found that Meta's business is to provide an online social media platform with global scope, making its conduct exclusively within federal jurisdiction.
  • The Tribunal has previously found that Facebook is a telecommunications undertaking, outside provincial jurisdiction (Liu v. Meta Platforms Inc. (o/a Facebook), 2022 HRTO 684; Hutcheson v. Meta Platforms Inc., 2022 HRTO 698; Libera v. Meta Platforms Inc. (o/a Facebook), 2022 HRTO 705).
  • The Tribunal cited Professor Patrick Monahan's comment on internet service providers being integral to telecommunications and subject to exclusive federal jurisdiction.
  • The applicant argued that excluding telecommunications companies from the Tribunal's jurisdiction would unduly narrow its mandate, but the Tribunal disagreed.
  • The Tribunal noted that the Canadian Human Rights Tribunal has acknowledged jurisdiction over internet communications in Citron v. Zundel (No. 4), 2002 CanLII 78205 (CHRT).
  • The applicant requested the Tribunal to decline to dismiss the Application pursuant to Rule A4.2 of Tribunals Ontario's Common Rules, but the Tribunal was unable to vary its rules to assign jurisdiction it does not have.

Statistics:

  • The Tribunal has previously found that Facebook is a telecommunications undertaking on 3 separate occasions.
  • The Tribunal cited 2 references to support its decision making process (Liu v. Meta Platforms Inc. (o/a Facebook), 2022 HRTO 684; Hutcheson v. Meta Platforms Inc., 2022 HRTO 698; Libera v. Meta Platforms Inc. (o/a Facebook), 2022 HRTO 705).
  • 1 reference was cited from Professor Patrick Monahan's comment on internet service providers (Elson v. Facebook, Inc., 2021 BCHRT 155).
  • 1 reference was made from a Canadian Human Rights Tribunal case on the acknowledgment of jurisdiction over internet communications (Citron v. Zundel (No. 4), 2002 CanLII 78205 (CHRT)).

Sources:

  • Trudel v. Meta Platforms, Inc., 2024 HRTO 1587
  • Liu v. Meta Platforms Inc. (o/a Facebook), 2022 HRTO 684
  • Hutcheson v. Meta Platforms Inc., 2022 HRTO 698
  • Libera v. Meta Platforms Inc. (o/a Facebook), 2022 HRTO 705
  • Elson v. Facebook, Inc., 2021 BCHRT 155
  • Citron v. Zundel (No. 4), 2002 CanLII 78205 (CHRT)
  • Abdul v. Canadian Broadcasting Corporation, 2011 HRTO 2322
  • Hansraj v. 6553303 Canada, 2009 HRTO 663
  • Constitutional Law, 2nd ed., pps. 366-367
  • Tribunals Ontario's Common Rules