Political Science 3332F/G Lecture Notes - Lecture 2: Douglas College
10 Oct 2014
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No, you cannot assert charter rights against private entities. However, judges should update and develop the common law to accord with charter values, even in litigation involving private entities. Yes, if there is a governmental element (criminal law) or the government relies on it (the government is suing you and relies on common law standards). No, if the litigation involves private parties (ie. no government element). However, judges should update and develop the common law to accord with charter values. Yes, the charter does apply to court orders. Yes, if the institution meets the government control test and can be considered government" (ie. where the institution is government controlled"). Yes, if the para-public institution is carrying out a government mandate, even though it does not meet the government control test and can not be considered government".
