LAWS 2502 Lecture 2

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Questions and Answers

To which entities does the Charter apply?

Only to private organizations with government contracts

Only to the federal government in matters of national importance

Only to provincial governments in matters dealing with local concerns

Both federal and provincial governmental actions (correct)

Which of the following is NOT a scenario where the Charter does not apply?

Purely private actions

Legislative assemblies exercising inherent privileges

Governmental actions by appointed municipal boards (correct)

Most orders issued by the courts

What is one of the indicia used to determine if an entity is governmental in nature?

The entity is larger than a certain number of employees

The governing body is democratically elected and accountable (correct)

The entity has been in operation for over ten years

The entity operates under a for-profit business model

In which situation would the Charter likely apply to an entity?

A board established and removable by provincial legislature Signup and view all the answers

Which of the following factors does NOT indicate governmental control over an entity?

The entity has the authority to implement its own budgets Signup and view all the answers

Which aspect of government control is considered when assessing if the Charter applies to an entity?

Whether the board is removable by the government Signup and view all the answers

Which of the following is an example of when the Charter does not apply?

Actions taken by a university to enforce academic policies Signup and view all the answers

What type of body demonstrates governmental functions through law making and enforcing?

A municipal council Signup and view all the answers

What role does the government have in the operation of the college board?

The government can direct the college board's operations by law. Signup and view all the answers

How does the status of Ryan Awesome School of Law differ from that of UBC and Guelph?

Ryan Awesome is a private institution while UBC and Guelph are public. Signup and view all the answers

What was the primary action taken by Ryan Awesome School of Law regarding its admission policy?

The school rejected students who identified as homosexual. Signup and view all the answers

What legal document might James consider using to challenge the admission policy of Ryan Awesome School of Law?

The Charter of Rights and Freedoms Signup and view all the answers

What implication does Peter Hogg's statement about statutory authority imply for actions taken by legislative bodies?

Any action taken under statutory authority must align with the Charter. Signup and view all the answers

Which of the following statements about the board composition at Ryan Awesome School of Law is accurate?

The provincial government appoints a minority of the board members. Signup and view all the answers

In terms of governance, how does Ryan Awesome School of Law's situation differ from public universities?

It is less regulated compared to public universities. Signup and view all the answers

What is implied about the rejection of James from Ryan Awesome School of Law?

It reflects a potential breach of the Charter. Signup and view all the answers

What effect does Subsection 52(1) of the Constitution Act, 1982 have on laws inconsistent with the Constitution?

They become invalid and have no force or effect. Signup and view all the answers

Which of the following cases established the right to liberty and security for women?

Morgentaler Signup and view all the answers

What is the primary purpose of Section 1 of the Charter?

To allow reasonable limits on rights in a democratic society. Signup and view all the answers

Which component is NOT part of the Oakes test used to evaluate Charter infringements?

Demonstrating public support for the measure. Signup and view all the answers

How are the measures taken during the COVID-19 pandemic relevant to the Charter?

They have been questioned for consistency with Section 7. Signup and view all the answers

What is the main role of the notwithstanding clause (Section 33) in the Charter?

To allow Parliament to pass laws that restrict rights for a limited time. Signup and view all the answers

In which case was discrimination based on sexual orientation addressed?

Vriend Signup and view all the answers

What is a requirement for a law that limits rights under the Oakes test?

It must be prescribed by law. Signup and view all the answers

What did Eldridge v. British Columbia (Attorney General) address regarding communication for the deaf?

Provision of sign language interpreters as an insured benefit Signup and view all the answers

What is a factor that determines whether a non-governmental entity is subject to the Charter?

Whether the entity implements a specific statutory scheme or function Signup and view all the answers

In the context of Eldridge v. British Columbia, how are private corporations described?

As independent entities operating outside of statutory authority Signup and view all the answers

What was the primary outcome sought by Eldridge and others in their legal action?

A declaration of a violation of Charter rights Signup and view all the answers

What distinguishes the relationship between private corporations and the government according to the case?

Private corporations have authority independent of their legislative creation Signup and view all the answers

Which key aspect did the court emphasize about governmental conduct in the Eldridge case?

The direct connection between government policy and hospital conduct Signup and view all the answers

Under what condition does the Charter apply to regulations and by-laws?

When derived from the statutory authority they depend upon Signup and view all the answers

Which case serves as a precedent for recognizing the Charter's application to non-governmental entities?

Vriend v. Alberta Signup and view all the answers

What does the failure to provide sign language interpretation relate to?

The medical service delivery system established by legislation Signup and view all the answers

How do hospitals operate within the context of the law described?

They act as agents for the government in medical service provision. Signup and view all the answers

What was the basis of Delwin Vriend's complaint to the Alberta Human Rights Commission?

Discrimination based on his sexual orientation. Signup and view all the answers

What did the Alberta Human Rights Commission conclude about Delwin Vriend's ability to make a complaint?

He could not file a complaint as sexual orientation was not protected under the IRPA. Signup and view all the answers

What was the Supreme Court's stance on Alberta's argument concerning the application of the Charter?

Regulating private activity does not exempt it from Charter scrutiny. Signup and view all the answers

What is implied by the structure of the Hospital Insurance Act regarding hospitals?

They deliver comprehensive social programs as part of their obligations. Signup and view all the answers

What did Vriend experience after disclosing his sexual orientation at work?

Request for his resignation from the college. Signup and view all the answers

What key legal concept is at play in Vriend v. Alberta regarding the IRPA?

Legal regulation of private discrimination through public policy. Signup and view all the answers

Study Notes

Advent of the Charter

The Charter of Rights and Freedoms was proclaimed on April 17, 1982, becoming a part of Canada's Constitution.
The Charter is constitutionally supreme, meaning any law conflicting with it is void according to section 52(1) of the Constitution Act, 1982.
The Charter can only be amended using the amendment formula.

Evolution of Charter Jurisprudence

Key developments in Charter jurisprudence include:
- recognizing women's right to liberty and security (Morgentaler case)
- challenging discrimination based on sexual orientation (Vriend case)
- establishing equality rights for same-sex partners (M v.H case)
- affirming the right to be presumed innocent until proven guilty (Oakes test)
- ensuring the right to a fair trial (Stinchcombe case)

Charter Limitations

Section 1 of the Charter allows for "reasonable limits" on rights and freedoms demonstrably justifiable in a free and democratic society.
The Oakes test outlines criteria for justifying limitations:
- The limit must be prescribed by law.
- The limit must pursue a pressing and substantial objective.
- There must be a rational connection between the limit and the objective.
- The limit must impair the right as little as reasonably necessary.
- The positive effects of the limit must outweigh its negative effects on the right.
The "notwithstanding clause" in section 33 allows Parliament or a provincial legislature to override some Charter provisions.

Applicability of the Charter

Section 32 of the Charter applies to:
- Parliament and the Government of Canada in areas under their authority.
- Legislatures and governments of provinces in areas under their authority.
The Charter applies to both federal and provincial governmental actions.
It encompasses legislative, executive, and administrative branches of government, including Cabinet decisions and the exercise of prerogative powers.
It governs the exercise of discretionary decision-making powers granted by statutes.
The Charter also extends to common law, as it forms the basis of governmental actions that might infringe on rights and freedoms.

Limitations to Charter Applicability

The Charter does not apply to:
- Legislative assemblies exercising their inherent privileges.
- Most orders of the courts.
- Purely private action.
- Private institutions, including universities and hospitals.

Circumstances Where the Charter May Apply

Entities Essentially Governmental in Nature:
- Democratically elected and accountable governing bodies exercising governmental functions.
- Entities exercising powers granted by provincial legislatures.
- Municipalities (Godbout case)
Entities Governed by Government Control:
- Government-appointed and removable boards with significant control over their operations.
- Entities established to implement government policy (Douglas/Kwantlen Faculty Assn. v. Douglas College case)
** Entities Exercising Statutory Powers:**
- Entities with their powers solely derived from statutes, subject to Charter limitations.
- The Charter applies to actions taken under statutory authority, including regulations, by-laws, decisions, and judicial actions.
Non-Governmental Entities Engaging in Governmental Acts:
- Entities implementing specific statutory schemes or functions.
- Entities acting in furtherance of government policies or programs (Eldridge v. British Columbia (Attorney General) case, Vriend v. Alberta case)
Hospitals:
- While hospitals are autonomous, they carry out government policies in providing medical services, falling under the Charter's purview (Eldridge case).
** Private Entities Engaging in Discrimination:**
- A law regulating private activity can still be subject to Charter scrutiny (Vriend case).
- The Charter can apply to private entities when their actions are directly connected to government policy.

Additional Factors to Consider

Indicia of Government: Determine the extent to which an entity demonstrates characteristics of government, including democratic accountability, law-making and enforcement, and powers granted by legislatures.
Government Control: Analyze the government's level of influence over an entity, particularly in terms of appointment, removal, direction, approval of by-laws and budgets.
Government Policy Implementation: Evaluate whether the entity is involved in carrying out specific government objectives or policies.

Practice Question

Ryan Awesome School of Law, a private institution, is regulated by a board with government-appointed members.
The government has the power to influence the school's by-laws, potentially requiring changes or additions.
The school adopted an admission policy discriminating against homosexual students.

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Description

Explore the key aspects of the Canadian Charter of Rights and Freedoms, including its proclamation, evolution of jurisprudence, and limitations. This quiz covers landmark cases that have shaped Canadian law and reinforces the importance of constitutional rights in Canada.