Is there any case law that supports the argument that non-government actors are not subject to section 32 of the Charter?

Manitoba, Canada


The following excerpt is from Millen et al v. Manitoba Hydro-Electric Board et al, 2014 MBQB 88 (CanLII):

This argument confuses two different principles. To be sure, s. 32 of the Charter restricts its application to “actions of government”. But when the jurisprudence that interprets s. 32 speaks of “government action” or “government actors”, the emphasis is on the term “government”. That is to say, the actions of non-government actors are not subject to the Charter. The question of justiciability is something quite different. What is clear from the decision in Operation Dismantle v. The Queen, 1985 CanLII 74 (SCC), [1985] 1 S.C.R. 441, is that government policies may be subject to Charter review by the courts. And the ability to review the policy – the justiciability of the issue – is not dependent on whether the policy was acted upon.

Other Questions


What is the effect of a delay in seeking spousal support if the husband has been seeking support for more than a year? (Manitoba, Canada)
Is there any case law supporting the argument that access as a separate juridical concept from statute? (Manitoba, Canada)
What is the difference between Section 1324 and section 1325 of the Immigration Code? (Manitoba, Canada)
What is the test for making out a discrimination claim under section 15 of the Charter? (Manitoba, Canada)
Is there any case law supporting the argument that a verification is required for the use of a telephone service provider? (Manitoba, Canada)
What is the test for a plaintiff to bring a motion against legislation that would have prevented him from performing certain activities under section 2(d) of the Charter? (Manitoba, Canada)
Does the clerk of the clerk's office fail to provide the deputy returning officer with two copies of section 276 to 287 inclusive (the sections dealing with corrupt practices)? (Manitoba, Canada)
How have courts interpreted section 24 (1) and 24 (2) of the Charter regarding the provision of state-funded counsel? (Manitoba, Canada)
Is there any case law that supports the argument that a child is financially dependent on their parent by reason of other cause? (Manitoba, Canada)
Does section 7 of the Charter apply to extradition proceedings? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.