Human Rights Tribunal of Ontario Dismisses Application on Jurisdiction Grounds

Strategic Insights -

The Human Rights Tribunal of Ontario has made a decision in the case of Paul Kubesch v. Canada (Correctional Service) on October 15, 2024, dismissing the application due to lack of jurisdiction. The applicant, Paul Kubesch, alleged discrimination and reprisal with respect to employment because of disability and gender identity while incarcerated at a correctional institute run by Correctional Service Canada.

The Tribunal found that the alleged discrimination and reprisal relates to services provided by a federal penitentiary, which is established, maintained, and managed by Correctional Service Canada, and their employees. As a result, the Tribunal determined that it has no jurisdiction over this matter, citing the federal jurisdiction of matters related to the exercise of Correctional Service Canada's mandate.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application of Paul Kubesch due to lack of jurisdiction.
  • The applicant alleged discrimination and reprisal with respect to employment because of disability and gender identity while incarcerated at a correctional institute run by Correctional Service Canada.
  • The Tribunal found that Correctional Service Canada is a federal agency and that the alleged discrimination and reprisal relates to services provided by a federal penitentiary.
  • The Tribunal has no jurisdiction over matters related to federal penitentiaries and their employees.
  • The applicant's application was dismissed on the basis that it falls outside of the Tribunal's jurisdiction.
  • The applicant's claim is governed by the Canadian Human Rights Act, R.S.C. 1985, c.H-6, and filed with the Canadian Human Rights Commission.
  • The power to establish, maintain, and manage penitentiaries for sentences of two years or more is assigned to the federal Parliament under section 91(28) of the Constitution Act.
  • Correctional Service Canada is established under the federal Corrections and Conditional Release Act, S.C. 1992, c. 20.

Statistics:

  • 91(28) of the Constitution Act: the power to establish, maintain, and manage penitentiaries for sentences of two years or more is assigned to the federal Parliament.
  • 1992: the year the Corrections and Conditional Release Act, S.C. 1992, c. 20, was enacted.
  • 2023-54271-I: the file number of the Human Rights Tribunal of Ontario.
  • October 15, 2024: the date the Human Rights Tribunal of Ontario made the decision to dismiss the application.

Sources:

  • Human Rights Tribunal of Ontario (October 15, 2024): Decision in the case of Paul Kubesch v. Canada (Correctional Service), File Number: 2023-54271-I.
  • Constitution Act (section 91(28)).
  • Corrections and Conditional Release Act, S.C. 1992, c. 20.
  • Canadian Human Rights Act, R.S.C. 1985, c.H-6.