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History
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Number of pages / Number of words: |
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Decisions remain supervised by the courts as it can always be challenged.
Question 2 > Does the Charter Apply? â 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 Wilsonâs dissenting opinion in McKinney in order to determine whether the body is a government actor for the purposes of s...
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â 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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