Judicial review of CHRC decision dismissed; National Building Code is not a 'service' under CHRA.
The applicant sought judicial review of a decision by the Canadian Human Rights Commission to not deal with her complaint against the National Research Council of Canada.
The applicant argued that the National Building Code, created by the respondent, discriminates against persons with disabilities by not providing accessible built environments, which constitutes a discriminatory provision of services under s. 5 of the Canadian Human Rights Act.
The Commission determined that the Code is not a 'service' as it is not accessed by the general public but by provincial and territorial stakeholders.
The Federal Court found this determination reasonable and dismissed the application for judicial review.
