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Human rights

Human Rights Tribunal of Ontario Dismisses Application as Outside Its Jurisdiction

Strategic Insights

— 2 min read

The Human Rights Tribunal of Ontario has issued a decision dismissing an application by Steven Done against Transit Windsor Corporation, citing that the issues in dispute fall outside the Tribunal's jurisdiction. The applicant alleged discrimination on the basis of disability in the area of employment, but the Tribunal found that the allegations relate to federal jurisdiction, specifically international transportation, which is governed by the Canadian Human Rights Act and decided by the Canadian Human Rights Tribunal (CHRT). This decision highlights the importance of correctly identifying the jurisdiction of the Human Rights Tribunal of Ontario and the need to bring federal jurisdiction complaints to the CHRT.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application by Steven Done against Transit Windsor Corporation due to its jurisdictional reach being limited to provincial matters.
  • The Tribunal found that the allegations of discrimination on the basis of disability in the area of employment relate to federal jurisdiction, specifically international transportation.
  • The Canadian Human Rights Act and the Canadian Human Rights Tribunal (CHRT) have jurisdiction over federal human rights complaints.
  • The applicant requested that the application continue through the Tribunal's process, but the Tribunal was unable to hear complaints related to federal jurisdiction over inter-provincial or international transportation.
  • The Tribunal has previously heard cases in Soler v. Luckhart Transport, Rowland v. Canada Cartage Systems, Smith v. Travelers Transportation Services Inc., and Westfall v. Transit Windsor Corporation, all resulting in dismissals due to lack of jurisdiction.

Statistics:

  • 92(10)(a) of the Constitution Act, 1867, constitutes the provision of federal jurisdiction over transportation works and undertakings that extend beyond the limits of a province.
  • The Canadian Human Rights Act, R.S.C. 1985, c.H-6, governs human rights allegations that fall under federal jurisdiction.
  • In the period of 2009-2011, the Tribunal held 3 cases (2009 HRTO 1486, 2009 HRTO 1941) that resulted in dismissals due to lack of jurisdiction.
  • In 2021, the Tribunal held 2 cases (2021 HRTO 623 and 2021 HRTO 678) that resulted in dismissals due to lack of jurisdiction.

Sources:

  • Ontario Human Rights Tribunal, "Done v. Transit Windsor Corporation, 2024 HRTO 743"
  • Constitutional Act, 1867, Part V, Section 92(10)(a)
  • Canadian Human Rights Act, R.S.C. 1985, c.H-6
  • Soler v. Luckhart Transport, 2009 HRTO 1486
  • Rowland v. Canada Cartage Systems, 2009 HRTO 1941
  • Smith v. Travelers Transportation Services Inc., 2021 HRTO 623
  • Westfall v. Transit Windsor Corporation, 2021 HRTO 678
  • Wu v. City of Toronto and Toronto Ombudsman, 2023 ONSC 6192

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