Case Scenario Scope of Charter - Jan 16, 2014.docx
Started on: 01/16/2014
C LASS N OTES FOR : P OLI S CI 3NN6
McMaster University, Fall 2013
T HURSDAY , JANUARY 16, Y
PART 1 - Issue:
Does the charter of rights and freedoms apply?
PART 2 - 5 Part Test
1. Parliament / Legislature? NO
a. Is Free Ride Corp parliament or legislature??
1. NB Broadcasting v. Nova Scotia
2. Body acting under a delegation of Statutory Authority? NO
a. Is Free Ride Corp a delegate authority?
1. Ramsden v. Peterborough
2. Black V. Law Society ofAlberta
3. Slaight V. Davidson
3. Entity in Question is Government by Nature? NO
a. Is Free ride Corp government by its nature?
i. Are there elections? No - (Godbout v. Longueil)
ii.Taxation? No - (Godbout V. Longueil)
iii.Does it make or administer laws? No (Godbout v. Longueil)
iv. Enacts or enforces laws? No - (Godbout V. Longueil)
v. LegislativeAuthority? (Godbout V. Longueil)
vi. Government agent? No Agency relationship between the two (GVT Authority VS.
Canadian Federation of Students)
vii. Board of the corporation appoint by the Government? No information about this, so No.
(GVT Authority VS. Canadian Federation of Students)
4. Entity in Question falls under Gov’t control?