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Topic: History
Number of pages / Number of words: 13 / 3638
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Decisions remain supervised by the courts as it can always be challenged.

Question 2 > Does the Charter Apply? – s.32

> if challenging legislation than the government party element is obviously satisfied

> if challenging a body, then must show that it is a government actor.

Apply the three step test found in Wilson’s dissenting opinion in McKinney in order to determine whether the body is a government actor for the purposes of s...


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– where a private party sues another private party, and no act of government is relied upon to support the action, the Charter will not apply.

  • You cannot bring a Charter action against a private party acting as a private party.
  • But, if someone relies on government action (statute), to produce an infringement of the Charter rights of another, the Charter is applicable...

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