Entities Exercising Statutory Powers of Compulsion

The Charter also applies to non-governmental actors exercising coercive statutory powers. 

In Slaight Communications Inc v Davidson, an adjudicator ordered an employer, who had wrongfully dismissed an employee, to write a letter of reference for the employee.  The employer argued that requiring him to write the letter constituted a violation of freedom of expression.  The Supreme Court found that it did violate the right, but could be saved under s. 1. 

In order to come to this conclusion, the Supreme Court decided that the Charter does apply to an adjudicator acting pursuant to the Canada Labour Code.  The adjudicator was appointed under a legislative provision and derived all of his powers from the statute.  Since the Constitution is the supreme law of Canada, and any statute that is inconsistent with it is of no force and effect to the extent of the inconsistency, then the discretion conferred by a statute on an individual is also subject to the Charter.