Human Rights Tribunal of Ontario Dismisses Application against Toronto Pearson Airport

Strategic Insights -

The Human Rights Tribunal of Ontario has dismissed an application filed by Frank Vanek against Toronto Pearson Airport due to jurisdictional issues. Frank Vanek, who identifies as a "Deaf person who cannot speak or hear and is an American Sign Language user," alleged that the airport failed to provide necessary tools for communication, including an interpreter, thereby causing him hardship with respect to air travel. However, the Tribunal ruled that Toronto Pearson Airport is a federally regulated enterprise, and the Ontario Human Rights Code does not apply to such cases.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application due to jurisdictional issues.
  • Toronto Pearson Airport is considered a federally regulated enterprise, as it falls under the legislative authority of the Parliament.
  • The Ontario Human Rights Code does not apply to federally regulated enterprises or undertakings.
  • The Canadian Human Rights Commission has the power to deal with human rights matters that fall under federal jurisdiction.
  • The applicant, Frank Vanek, did not make submissions with respect to the issue of the respondent's apparent federal regulation.
  • The Tribunal considered cases such as Jaffary v. ASP Incorporated, 2016 HRTO 1528, and Basheer v. Airport Terminal Services Canadian Company, 2019 HRTO 226, in reaching the decision.

Statistics:

  • 92(10)(a) of the Constitution Act, 1867 (U.K.), establishes transportation works and undertakings that extend beyond provincial limits as within federal jurisdiction.
  • 30 & 31 Victoria, c. 3, is the original Act that established the Canadian federal system.
  • According to section 2 of the Canada Labour Code, R.S.C. 1985, c. L-2, "federal work, undertaking or business" includes, without restricting generality, aerodromes, aircraft, and a line of air transportation.

Sources:

  • Vanek v. Toronto Pearson Airport, 2025 HRTO 505
  • Constitution Act, 1867 (U.K.), 30 & 31 Victoria, c. 3
  • Canada Labour Code, R.S.C. 1985, c. L-2
  • Jaffary v. ASP Incorporated, 2016 HRTO 1528
  • Basheer v. Airport Terminal Services Canadian Company, 2019 HRTO 226
  • Seepersad v. WestJet Airlines, 2019 HRTO 327
  • Masood v. Bruce Power, 2008 HRTO 381 (CanLII)