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  • Charter Application accounts for 8 out of 811 casebriefs.

Style of causeRatio

Dunmore v. Ontario (Attorney General), 2001 SCC 94

Although the Charter traditionally does not apply to government action violating civil liberties, inaction in a legislated area which encourages or sustains the violation of fundamental freedoms can be scrutinized under s.2.

Eldridge v. British Columbia (Attorney General), [1997] 3 SCR 624

If an entity’s act is truly governmental in nature, that entity will be under Charter scrutiny only with respect to that act - not all of their private activities.

Godbout v. Longueuil (City)

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.

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

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

McKinney v. University of Guelph, [1990] 3 SCR 229

Universities are not generally subject to the Charter, as government has no legal control over them. Entity performing a public function is not enough in itself to warrant Charter scrutiny; government must “exert control” over operations.

R v MRM, [1998] 3 SCR 393.

n/a

R v Patrick, 2009 SCC 17

Test to determine abandonment of property when a search is conducted by the police and whether that search was reasonable.

R v Suberu, 2009 SCC 33.

Individuals must be informed of their rights upon detention (before or concurrently during arrest), specifically the right to counsel in this case, and must be informed so immediately.