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Marsland v. Lakelands Irrigation Ltd., 2020 HRTO 700 (CanLII)

Date:
2020-08-14
File number:
2019-39248-I
Citation:
Marsland v. Lakelands Irrigation Ltd., 2020 HRTO 700 (CanLII), <https://canlii.ca/t/j97p3>, retrieved on 2024-03-28

HUMAN RIGHTS TRIBUNAL OF ONTARIO

 

______________________________________________________________________

B E T W E E N:

Benjamin Marsland

Applicant

-and-

 

Lakelands Irrigation Ltd.

Respondent

______________________________________________________________________

 

DECISION

______________________________________________________________________

 

Adjudicator:             Mark Borer

 

Date:                          August 14, 2020

 

File Number:            2019-39248-I     

                                   

Citation:                    2020 HRTO 700

                                   

Indexed as:              Marsland v. Lakelands Irrigation Ltd.

______________________________________________________________________


 

WRITTEN SUBMISSIONS

 

 

 

 

)

 

 

Benjamin Marsland, Applicant

) )

 

Self-represented

 

)

 

 


 

 

 

 

 

 

[1]           This Application alleges discrimination with respect to employment because of a record of offences, contrary to the Human Rights Code, R.S.O. 1990, c. H. 19 (the “Code”). Specifically, the applicant alleges that they were laid off by the respondent because they had been convicted of a criminal offence.

[2]           After reviewing the materials filed by the parties, it was not clear to me that the applicant had a record of offences as set out in the Code – a conviction for an offence in respect of which a pardon has been granted under the Criminal Records Act, R.S.C., 1985, c. C-47 and that has not been revoked, or an offence in respect of any provincial enactment.  The respondent, noting this also, asked that the Tribunal dismiss the Application because in the absence of a pardon, discrimination on the ground of record of offences could not exist.

[3]           The definition of record of offences is set out in section 10(1) of the Code as follows:

record of offences” means a conviction for,

(a)       an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or

(b)       an offence in respect of any provincial enactment;

[4]           This means that, even if the applicant has been convicted of a criminal offence, in the absence of a pardon, the Tribunal has no jurisdiction to hear this case.

[5]           To ensure that the full facts were before the Tribunal and that the natural justice rights of the applicant were respected, I issued a Case Assessment Direction (the “CAD”) which directed the applicant to make submissions on this issue.

[6]           The applicant replied with submissions and documents.  These submissions and documents expanded upon the Application and addressed how the respondent allegedly treated them unfairly because of the applicant’s criminal conviction, but did not allege that a pardon had been granted that had not been revoked.

[7]           The jurisdiction of the Tribunal is set by the Code. In this case, the applicable section of the Code, and the Tribunal’s jurisprudence, establishes that being discriminated against on the basis of a criminal conviction alone is insufficient to ground a claim of discrimination on the ground of record of offences unless a pardon has been granted.  I note that the applicant has not attempted to argue otherwise.

[8]           As a result, I find that as no pardon has been granted to the applicant the ground ofrecord of offences” cannot apply.  Since this was the only ground of discrimination alleged, I have no choice but to conclude that the Tribunal has no jurisdiction to hear this Application.

order

[9]           For the above reasons, the Application is dismissed.

Dated at Toronto, this 14th day of August, 2020.

 

“Signed by”

__________________________________

Mark Borer

Member