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Poli Sci 3NN6 - Jan 14, 2014

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Political Science
Greg Flynn

Lecture on: 2014-01-14 C LASS N OTES FOR : P OLI SCI 3NN6 McMaster University, Fall 2013 T UESDAY J ANUARY 14, 2014 Douglas Faculty Assn. v. Douglas College - Rules of professors arguing against retirement - Had plenty to give back to the college and therefore should be not be discriminated against! - Douglas College - Human rights acts allow us to discriminate o So as a private organization we are not discriminating! - SUPREME COURT OF CANADA o COLLEGES ITAPPLIES - Distinction is FACTUAL o Is there direct and substantial control? o Can you draw a line from the government to show the connection to the entity in question? - The minister can dictate to colleges what they teach! - The minister may provide services that it might consider necessary to the operation of the colleges - Minister approved all of the bylaws passed by the board and appointed the members of the board - Minister provided college 83% of operating funds! - It falls within the definition of “gov’t” and charter of rights and freedom applies. 1. Activities are Governmental in Nature Activities in Question that are subject to the charter of rights and Freedoms! Looking for links between the government and the entity in Question, such that the Gov’t is exerting control over the organization EMPLOYMENT related questions Eldridge (Hospital case) - B.C FACTS: Ms. Eldridge suffered from a chronic condition that required she receive ongoing treatment in the hospital. Difficulty was that she was deaf; she could not communicate with the doctors. There was difficulty explaining the procedures. Doctors needed full consent before getting treatment. Mrs. Eldridge requested that the hospital provide her with sign language interpreters. - She could not afford to pay for sign language interpretation - She sued the hospital alleging they were violating the quality of her rights for not providing sign language interpretation - Vancouver General Hospital is not subject to the charter of rights and freedoms? The Supreme court said that the Vancouver General Hospital was subject to the charter of rights and freedoms. Gov’t could give them power but not subject them to the charter of rights and freedoms. - Whether the entity in question falls under one of two categories. - Whether in fact the entity in question is PART of the Gov’t either directly or indirectly because it is controlled by the Gov’t - Is the action that is being undertaken by the entity something that is gov’t in nature? o What is gov’t in nature? o An example of something that is gov’t in nature is when the entity in question is implementing a specific gov’t scheme or policy created by statue. o In this case, what they said was that the Vancouver General Hospital is required to provide certain services in the hospital. It is required to provide these services to every Canadian citizen in this hospital. It is also paid for these services by the gov’t of British Columbia. Angie © McMaster University 1 Winter 2014 Lecture on: 2014-01-14 o Because this was a case where the medical services were required to be provided and to be paid for the by the gov’t.  This was in effect the delivery of a comprehensive social program by the Vancouver General Hospital and therefore was subject the charter of rights and freedoms, the actions on this program mandated by statue of which the services were what she was receiving and because she could not receive these services because of language issues she was being discriminated.  The Court ordered that the B.C gov’t through the Vancouver General hospital fund sign language. 2. THE NOTHWITHSTANDING CLAUSE a. Section 33 Permits legislatures to protect laws from being contested under particular provisions of the charter. In particular it allows gov’ts to protect laws from challenges (section 2 and 7-15). All of the other rights set out in the charter cannot be protected by gov’ts in this context. - Included at the be
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