The appellants challenged the exclusion of a woman from membership in a fraternal order under s. 8(a) of the Yukon Human Rights Act, arguing that the order's historical activities and membership practices amounted to services offered to the public.
The majority held that the proper inquiry focused on the service being offered and whether it created a public relationship, and concluded that the collection and recording of historical material were private activities while the public-facing service was only the end product made available without discrimination.
The majority further held that membership in the order, viewed as a spectrum of benefits, did not amount to a public service on the agreed facts.
The appeal was dismissed with costs, with two dissenting reasons that would have found s. 8(a) engaged.
