Human Rights Tribunal of Ontario Dismisses Application against RBC Royal Bank of Canada

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The Human Rights Tribunal of Ontario has dismissed an application filed by Naka Ogbonna against RBC Royal Bank of Canada, citing jurisdictional issues. The applicant alleged discrimination on the basis of race, color, ethnic origin, citizenship, and gender identity with respect to goods, services, and facilities. However, the Tribunal found that the allegations fell within federal jurisdiction over banking, as the respondent is a bank defined in the Bank Act. The Tribunal ruled that it has no jurisdiction to hear matters within federal jurisdiction, which must be brought before the Canadian Human Rights Commission.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed an application filed by Naka Ogbonna against RBC Royal Bank of Canada.
  • The applicant alleged discrimination on the basis of race, color, ethnic origin, citizenship, and gender identity with respect to goods, services, and facilities.
  • The Tribunal found that the allegations fell within federal jurisdiction over banking, as the respondent is a bank defined in the Bank Act.
  • The Constitution Act, 1867, sets out the division of powers between the federal and provincial governments.
  • The Human Rights Code does not apply to banks, but ancillary products offered by banks may be subject to provincial regulation.
  • The Tribunal has no jurisdiction to hear matters within federal jurisdiction, which must be brought before the Canadian Human Rights Commission.
  • The applicant was directed to provide submissions addressing the Tribunal's jurisdiction to hear the application, but failed to do so.
  • The Tribunal granted an extension to the applicant to provide further information, but no further submissions were received.

Statistics:

  • 2025: The year in which the Human Rights Tribunal of Ontario made the decision to dismiss the application.
  • 24th: The day of the month in which the decision was made.
  • 2025-04-24: The date the decision was made.
  • 1: The case number in which Naka Ogbonna was self-represented.
  • 2025 HRTO 1043: The citation for the decision.
  • R.S.O. 1990, c. H.19: The section of the Human Rights Code that prohibits discrimination on the basis of race, color, ethnic origin, citizenship, and gender identity.

Sources:

  • [1] Naka Ogbonna, Applicant.
  • [2] 30 & 31 Victoria, c. 3 (the "Constitution Act"), Section 91(15).
  • [3] Canadian Western Bank v. Alberta, 2007 SCC 22.
  • [4] Farquhar v. Bank of Nova Scotia, 2016 HRTO 991.
  • [5] Parete v. Bank of Nova Scotia, 2017 HRTO 1677.
  • [6] Bank Act, S.C. 1991, c. 46, Section 2 and Schedule I.