By: Elysa Darling and Drew Lafond
PDF Version: Barring Claims Against Discriminatory Legislation: Canada v Canada
Case Commented On: Canada (Canadian Human Rights Commission v Canada (Attorney General), 2018 SCC 31 (Can LII)
Two weeks ago, in Canada (Canadian Human Rights Commission v Canada (Attorney General) (CHRC v AG), the Supreme Court of Canada upheld the decision of the Canadian Human Rights Tribunal (CHRT) that direct challenges to legislation cannot be pursued under section 5 of the Canadian Human Rights Act, RSC 1985, c H-6 (the CHRA). The claimants in this case argued that they were discriminated against under section 6 of the Indian Act, RSC 1985, c I-5 and filed a complaint under section 5 of the CHRA asking the CHRT to render inoperative the offending provisions in the Indian Act. The decision of the CHRT, with which the Court agreed, was that a complaint under the CHRA cannot be used to directly challenge legislation on the basis that it is discriminatory.