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Godbout v. Longueuil (City)

Facts:

*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.

Issue(s):

Are municipalities subject to the Charter?

Ratio:

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.

Analysis:

*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


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