*Respondent signed K to agree to live in city for as long as employed. Violated private life as set out in s.5 of Charter.
Are municipalities subject to the Charter?
Municipalities are likely subject to Charter scrutiny, however the decision was a concurring judgement and the matter has not been decided by an SCC majority. Municipal by-laws are subject to the Charter.
*Considerations: Degree of governmental control, “governmental” in nature, performance of governmental activities
**Performance of a “public function” won’t by itself classify the entity as governmental in nature – must be acting in a primarily governmental capacity
*Municipalities are likely subject to the Charter because
**Democratically elected by general public and accountable to constituents
**General taxing power
**Power to make, enforce, and administer laws
**Derive their existence and powers from provincial legislature