LWSO5001 Lecture Notes - Lecture 3: Picketing, In Private, Douglas College
Document Summary
How do we know whether the charter applies to a particular action or failure to act: 32(1) - the charter applies to parliament and provincial legislatures. Department store union local 580 v dolphin delivery ltd. (1986 scc) Concluded that the charter does not apply to private actors. Picketing of dolphin delivery for working with purolator was deemed a violation of the common law tort of inducing breach of contract. Yes, per s. 52 any law inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect . S. 32 mentions specifically only parliament, the executive, and provincial legislatures. S. 32 specifies the actors to whom the charter applies. Government action will also be unconstitutional to the extent that it relies for authority or justification on a rule of the common law which constitutes or creates an infringement of a charter right or freedom.
