Constitution Act of 1982 ensure the government, both Federal OR Provincial stays within the
lines of these rights or rather they exercised that power properly. It is used as a check to see if
they have exceeded that authority and infringed on the rights of the people of Canada.
The charter of rights and freedoms (CA act of 1982): Represents the restraints on the
government of Canada and the Provinces in respect the rights laid out in this act for the people
Law is about being specific therefore the people refers to flesh and blood Canadian Citizens and
Even though municipalities are not constitutionally recognized as parts of government, they by
being creatures of the province are bound by the laws of the CA ac of 1867 and CA of 1982.
Does the Charter of Rights and Freedom protect business.
The founding fathers with certainty intended Everyone to means flesh and blood people.
However there use of other words in CA of 1982 S1, 7, 8, 9, 15 left this open to interpretation by
Constitutional Law in some instances can be interpreted to include commercial entities.
Even though courts have said corporations are people, have they said corporations are people in
the eyes of the constitution ?
No they haven’t?
What is the value of a non-constitutional law in interpreting the constitution act of 1982,
answer is there is nothing. What is said in the charter is binding to other laws.
You can challenge other laws if they are in challenge with the charter, you cannot challenge the
Right to life cannot be applied to a business, but the security of a person is interpreted by the
courts to apply to businesses.
Even if it is concluded that there is a charter protected right or freedom and there is some law
that infringes or proports to constrain on these rights. Even if the courts conclude that there has
been infringement, this doesn’t mean that this other law will be help to be unconstitutional.