CMN 2170: Lecture # Feb 14th 2012
Issue A: whether or not the Charter applies here.
Charter does apply , if the charter applies it is governmental action
There is no precedent about Universities and the Charter. It depends on the situation, If the charter applies
Affirmed by the provincial court of appeal: the uni of Calgary is agcting as an agent of the province of
Education is a provincial matter constitution.
The university is usig the non academic misconduct to delve themselves into the private lives of university
students▯ this is unreasonable.
Irwin Toy case – supreme court of Canada created a test to find out whether freedom of expression has
Guarantees the rights and freedoms which follow . there are reasonable limits.
Set out the exclusive justificatory
Halstead was not a governmental action.
Scientology did have the issue of the charter challenge.
Sec 32 sub 1 of the Charter▯ shows what the charter applies to
Halstead no governmental action, Pridgen, governmental action.
The university was acting as an agent for the Province of Alberta this means it is governmental action.
You can only argue they have been violated if they enjoy the protection of the Charter.
Supreme court of Canada gave an expansive explanation of the test.
As long as they have meaning
Two elements to attempt to convey Meaning:
Pridgen argues that fr