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McMaster University
Political Science
Greg Flynn

1 The Charter2 Scope of the CharterSection 32 1charter applies to parliament and government of Canada in respect to all matters in their authority And to the legislature and government of province within matters of authority Charter only applies to government organizations What do we mean by government legislature When we talk about legislation passed by parliament then it is clear it falls under government As governments move forward with downsizing where do we draw the line with how falls under the Charter and who does not It is not clear whether what occurs in university classroom falls under Charter or not University employment does not fall under Charter due to the McKinney case So universities can discriminate against gender and ethnicity giver preferential treatment to Aboriginals women and visible minority May fall under Human Rights cod though The Human Rights Code only looks at individual matters Charter only applies to government action The first step to determine if Charter has been infringed then the first thing to do is to determine whether Charter even applies in this case Legislation passed by Federal legislatures and provincial legislatures come under Charter aParliament Legislature NBBC V NSNew Brunswick broadcasting corporation decided they will broadcast proceedings of Nova Scotia this falls under parliamentary privilege In that case
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