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SCC affirms laws are not a ‘service’ open to challenge at a federal human rights tribunal

Thursday, June 14, 2018 @ 4:31 PM | By Cristin Schmitz

The Supreme Court of Canada has unanimously upheld a human rights tribunal’s dismissal of complaints against the refusal to register certain people as “Indians” because their direct attack on the legislated eligibility requirements for registered Indian status does not amount to a complaint about the discriminatory provision of a “service” under s. 5 of the Canadian Human Rights Act (CHRA).

On June 14, the top court’s nine judges agreed to dismiss the appeal of the Canadian Human Rights Commission (CHRC), but they splintered 6-2-1 to write...