Karas v. Health Canada

Karas v. Health Canada

Health Canada’s actions in approving and supervising Canadian Blood Services under the Blood Regulations are regulatory applications of mandatory statutory criteria confined to human safety and the safety of blood; such regulatory actions do not constitute a "service" under section 5 of the Canadian Human Rights Act and the complaint is a direct challenge to the Blood Regulations, therefore the Tribunal lacks jurisdiction and the complaint must be struck.

Citation
2024 CHRT 133
Parties
Complainant: Christopher Karas; Commission: Canadian Human Rights Commission; Respondent: Health Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 December 2024
Procedural Posture
Canadian Human Rights Tribunal Complaint / Decision on Motion to Strike (motion Granted)
Outcome
Respondent's motion to strike granted; complaint struck and dismissed in its entirety.
Legal Topics
Service Under Canadian Human Rights Act Section 5, Direct Challenge to Regulations, Regulatory Oversight of Blood Services, Discrimination Based on Sexual Orientation
Source Language
English
Human Rights Law Administrative Law Regulatory Law Service Under Canadian Human Rights Act Section 5 Direct Challenge to Regulations Regulatory Oversight of Blood Services Discrimination Based on Sexual Orientation

Case Brief

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Parties

Christopher Karas

Complainant

Canadian Human Rights Commission

Commission

Health Canada

Respondent

Procedural Posture

Canadian Human Rights Tribunal Complaint / Decision on Motion to Strike (motion Granted)

Legal Issues

  1. 1 Whether Health Canada’s regulatory actions constitute a "service" under section 5 of the Canadian Human Rights Act
  2. 2 Whether the complaint is a direct challenge to the Blood Regulations and thus beyond the Tribunal's jurisdiction
  3. 3 Whether Health Canada’s motion to strike is an abuse of process or plain and obvious ground to dismiss

Ratio Decidendi

Health Canada’s actions in approving and supervising Canadian Blood Services under the Blood Regulations are regulatory applications of mandatory statutory criteria confined to human safety and the safety of blood; such regulatory actions do not constitute a "service" under section 5 of the Canadian Human Rights Act and the complaint is a direct challenge to the Blood Regulations, therefore the Tribunal lacks jurisdiction and the complaint must be struck.

Court Disposition

Respondent's motion to strike granted; complaint struck and dismissed in its entirety.

Orders

  • Health Canada’s motion to strike is granted
  • The complaint against Health Canada is struck in its entirety and dismissed