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Human rights

Human Rights Tribunal of Ontario Dismisses Application due to Jurisdictional Issue

Strategic Insights

— 1 min read

The Human Rights Tribunal of Ontario, led by Adjudicator Jennifer Harnum, dismissed the application filed by Basil Campbell against the Royal Bank of Canada due to a jurisdictional issue. The application alleged discrimination based on disability with respect to services. However, the Tribunal determined that banking and savings banks fall under the exclusive authority of the Parliament of Canada, rendering the Human Rights Code inapplicable.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application filed by Basil Campbell against the Royal Bank of Canada due to jurisdictional issues.
  • The Tribunal determined that banking and savings banks fall under the exclusive authority of the Parliament of Canada, rendering the Human Rights Code inapplicable.
  • The application, filed under the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleged discrimination based on disability with respect to services.
  • The Tribunal cited the Divisional Court's decision in Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015, to justify the decision to hold a written hearing rather than an oral hearing on jurisdiction.
  • The applicant acknowledged that the matter was a federal issue and that they had brought it to the attention of the Canadian Human Rights Commission on April 25, 2023.
  • The Tribunal noted that the Canadian Human Rights Commission had provided the applicant with a file number but had failed to provide further action.

Statistics:

  • 2023-52636-I: The file number of the application at the Human Rights Tribunal of Ontario.
  • 2024 HRTO 1529: The citation of the decision by the Human Rights Tribunal of Ontario.
  • 30 & 31 Vict, c. 3: The U.K. legislation containing the Constitution Act, 1867, which outlines the jurisdiction powers of the Parliament of Canada.
  • 1990: The year when the Human Rights Code, R.S.O. 1990, c. H.19, was amended.

Sources:

  • Basil Campbell v. Royal Bank of Canada, File Number 2023-52636-I, Human Rights Tribunal of Ontario, October 29, 2024.
  • Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015.
  • G.L. v. OHIP (General Manager), 2014 ONSC 5392.
  • Constitution Act, 1867 (U.K.), 30 & 31 Vict, c. 3.
  • Human Rights Code, R.S.O. 1990, c. H.19.
  • Bank Act, S.C. 1991, c. 46.

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