Issue - are universities considered government actors?
Holding - they are not
Reasons: Government has no legal power over the universities (have their own governing bodies) they manage their own affairs even though they are heavily funded.
The government does not have any influence on the academic freedom that the universities enjoy - especially hiring, tenure, and money allotment - basically the universities are autonomous bodies
The public function test is indaequeate as many institutions perform public or quasi-public functions but are not considered government bodies as per the wording in s. 32
The Charter is not limited to entities which discharge functions that are inherently governmental in nature. No real alternative test is outlined, however dissenting Wilson J outlines 3 tests to determine the kinds of bodies that ought to be constrained by the Charter:
- The Control Test
- The Government Function test
- The Statutory Authority and Public Interest test
In McKinney v. University of Guelph,the Supreme Court of Canada considered the constitutionality of s. 10(1) of the Ontario Code, which limits protection from age discrimination in employment to persons between 18 and 65 and which therefore permits mandatory retirement policies for those aged 65 or over. The Supreme Court found that the maximum age limit of 65 was prima facie discrimination on the basis of age contrary to s. 15(1) of the Charter. However, it was found to be a reasonable limit on the right and hence saved by s. 1 of the Charter
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