Human Rights Tribunal of Ontario Dismisses Application for Lack of Jurisdiction

Strategic Insights -

The Human Rights Tribunal of Ontario has issued a decision dismissing an application filed by Andrew Conohan alleging discrimination with respect to employment due to reprisal by Immigration Refugees and Citizenship Canada (IRCC). The Tribunal cited lack of jurisdiction as the reason for dismissal, stating that IRCC is a federal government department and the application should have been brought to the Canadian Human Rights Commission.

The application was filed on April 14, 2025, after the applicant was allegedly discriminated against when IRCC denied him the use of a reference letter it had provided following his termination. However, the Tribunal found that the application was filed more than one year after the last incident of discrimination, which further contributed to the dismissal.

The Tribunal acknowledged the applicant's submissions addressing the jurisdictional issue of delay, but noted that there were no submissions on the issue of the respondent being a federal entity. As a result, the Tribunal found that it did not have jurisdiction to proceed with the application.

This decision highlights the importance of understanding the division of powers between federal and provincial governments in Canada, as outlined in the Constitution Act, 1867. It also underscores the role of the Canadian Human Rights Commission in handling matters related to federal jurisdiction, such as immigration.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed an application filed by Andrew Conohan alleging discrimination with respect to employment due to reprisal by Immigration Refugees and Citizenship Canada (IRCC).
  • The Tribunal cited lack of jurisdiction as the reason for dismissal, stating that IRCC is a federal government department.
  • The application was filed more than one year after the last incident of discrimination, which further contributed to the dismissal.
  • The Tribunal acknowledged the applicant's submissions addressing the jurisdictional issue of delay, but noted that there were no submissions on the issue of the respondent being a federal entity.
  • The Divisional Court in Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015 and Mehedi v. Mondalez Bakery, 2023 ONSC 1737 at para 22, ruled that the Tribunal is not required to hold an oral hearing on the issue of its jurisdiction.
  • The Constitution Act, 1867, sets out the division of powers between the federal and provincial governments in Canada.

Statistics:

  • The application was filed on April 14, 2025.
  • The respondent, Immigration Refugees and Citizenship Canada, is a federal government Ministry carrying out statutory responsibilities under federal legislation.
  • The applicant, Andrew Conohan, is self-represented.

Sources:

  • [1] Human Rights Tribunal of Ontario, HUMAN RIGHTS TRIBUNAL OF ONTARIO Andrew Conohan Applicant -and- Immigration Refugees and Citizenship Canada (IRCC) Respondent DECISION, (2025-06-05)
  • [2] Constitution Act, 1867, (U.K.), 30 & 31 Victoria, c. 3
  • [3] Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015
  • [4] Mehedi v. Mondalez Bakery, 2023 ONSC 1737