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Federal Crown agent CMHC added as respondent to provincial human rights complaint regarding subsidized housing.
The complainant and the respondent co-operative housing provider brought a motion to add the Canada Mortgage and Housing Corporation (CMHC) as a respondent to a human rights complaint alleging discrimination in accommodation based on receipt of public assistance.
CMHC opposed the motion, arguing that as a federal Crown agent exercising the federal spending power, it was immune from provincial human rights legislation.
The Board of Inquiry held that CMHC's status as a Crown agent did not immunize it from the application of provincial law, and that the provision of funding to the co-operative did not bring the matter of accommodation within exclusive federal legislative authority.
The Board found it had jurisdiction over CMHC and the subject matter, and ordered CMHC added as a party respondent.
