The Respondent submits the H.P.P.A. effectively creates a discriminatory distinction between on and off farm dwellers as far as the exercise of the lawful entitlement to consume raw milk is concerned. Obviously, as a farm dweller, the Respondent cannot succeed with the s. 15 complaint even if the on-farm/off-farm distinction is concluded to be “analogous”. The limitation of “residence” as a recognized analogous ground for the limited purpose of the Indian Act in Corbiere v. Canada persuades me that residency is also not an analogous ground that can be relied on here by the off-farm consumers of raw milk.
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