Human Rights

Meaning of “services” in Canadian Human Rights Act, R.S.C., 1985, c. H-6, s. 5—Appeal from Federal Court decision (2007 FC 745) Canadian Human Rights Commission not having jurisdiction to deal with complaint filed by appellant, associated complainants, latter not having standing to institute complaint—Appellant filing human rights complaint with Commission against Health Canada, alleging discrimination against Biomedica in provision of services—Whether impugned actions of Health Canada (regulation of herbal products)  “services”—Coercive measures intended to ensure compliance with Food and  Drugs Act, R.S.C., 1985, c. F-27, not  “services . . . customarily available to the general public” within meaning of s. 5—That measures undertaken in public interest not making them “services”—Appeal dismissed.

Canada (Attorney General) v. Watkin (A-345-07, 2008 FCA 170, Noël J.A., judgment dated May 2, 2008, 16 pp.)