The applicant filed a human rights application alleging discrimination in employment on the basis of disability following his termination.
The respondent, which operates a warehouse facilitating the cross-border import and export of meat and CFIA inspections, requested dismissal for lack of jurisdiction, arguing its operations are a federal undertaking.
The Tribunal found that while the respondent does not fall directly within federal jurisdiction, its essential operational nature is integral to both the CFIA and international common carriers.
Consequently, the respondent is a federal undertaking by virtue of derivative jurisdiction, and the Tribunal dismissed the application for lack of jurisdiction.