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Greater Vancouver Transportation Authority v. Canadian Federation of Students, 2009 SCC 31

Facts:

Canadian Federation of students were refused being able to place advertisements on buses. They challenged under s.2.

Issue(s):

Are transit corporations operating public transportation systems actors under the Charter?

Ratio:

When government exercises “substantial control” over an entity, that entity may come under Charter scrutiny.

Analysis:

*Yes: statutory bodies designed by legislation as an “agent” of the government, with a board all appointed by the Lieutenant Governor and the LG having authority to manage affairs through regulations
**Agents of government that do not operate autonomously
*Consistent with principle that government should not be able to shirk its Charter responsibilities by conferring powers onto another entity


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