LAW 321 Lecture Notes - Lecture 6: Section 33 Of The Canadian Charter Of Rights And Freedoms, Protected Group, Ontario Human Rights Code
Document Summary
Prohibitions against discrimination are founded solely in legislation. They have no basis in common law: ref. The canadian constitution is founded on two discrete constitutional documents: the constitution act, 1867, the constitution act, 1982, part 1 canadian charter of rights and freedoms. Section 15 (1) of the charter has been interpreted by the supreme court of canada in a broad and liberal fashion: ref. (1) this charter applies: (a) to the parliament and government of canada in respect of all matters within the authority of parliament including all matters relating to the yukon. Tuesday, october 24, 2017: (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province. Section 32 has been interpreted by the supreme court to mean that the charter applies only to government, or government-relied-upon, action and not to strictly private matters: ref. Rwdsu local 580 v. dolphin delivery ltd. , [1986] scc.