Human Rights Tribunal of Ontario Dismisses Application against Canadian Blood Services

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The Human Rights Tribunal of Ontario has dismissed an application filed by Taylor Gaudon against Canadian Blood Services, citing that the process of screening blood donors falls under federal regulations and is outside the provincial jurisdiction of the Tribunal. Taylor Gaudon had alleged discrimination with respect to services because of disability in the blood donor screening process. The Tribunal has relied on previous decisions, including Woodwork v. Canadian Blood Services, Hamm v. Canadian Blood Services, and Canadian Blood Services v. The Manitoba Human Rights Commission and Zoldy, to support its decision.

Key Takeaways:

  • The Human Rights Tribunal of Ontario has dismissed an application filed by Taylor Gaudon against Canadian Blood Services.
  • The Tribunal ruled that the process of screening blood donors is governed by federal regulations under the Food and Drugs Act and is therefore outside the provincial jurisdiction of the Tribunal.
  • The applicant, Taylor Gaudon, had alleged discrimination with respect to services because of disability in the blood donor screening process.
  • The Tribunal relied on previous decisions, including Woodwork v. Canadian Blood Services, Hamm v. Canadian Blood Services, and Canadian Blood Services v. The Manitoba Human Rights Commission and Zoldy, to support its decision.
  • The jurisdictions of provincial human rights tribunals are limited to matters that do not involve federal regulations.
  • This decision highlights the importance of understanding the jurisdiction of different regulatory bodies in Canada.

Statistics:

  • 3 previous decisions (Woodwork v. Canadian Blood Services, Hamm v. Canadian Blood Services, and Canadian Blood Services v. The Manitoba Human Rights Commission and Zoldy) were cited by the Tribunal in support of its decision.
  • 1 application was filed by Taylor Gaudon against Canadian Blood Services.
  • 1 decision was issued by the Human Rights Tribunal of Ontario on March 18, 2025.
  • 1 case number is tagged to the decision (File Number: 2024-56762-I).
  • 1 citation (2025 HRTO 695) has been assigned to the decision.

Sources:

  • Woodwork v. Canadian Blood Services, 2012 HRTO 2219
  • Hamm v. Canadian Blood Services, 2015 HRTO 988
  • Canadian Blood Services v. The Manitoba Human Rights Commission and Zoldy, 2011 MBQB 312
  • Human Rights Code, R.S.O. 1990, c. H. 19, as amended
  • Food and Drugs Act, R.S.C. 1985, c. F-27