If the Charter is designed to guarantee "the rights
and freedoms set out in it subject only to such reasonable limits prescribed by
law," why shouldn't it apply to private interactions amongst Canadians?
Applying the Charter only to state actions artificially limits the possible remedies open to citizens. In
Vriend, an individual had to resort to challenging a provincial statute in order
to prevent his employer from discriminating against him based on sexual
orientation. Had the provincial human rights statute not made certain
prohibitions on discrimination, presumably his employer could have
discriminated against him. It does not seem fair that discrimination could be
permissible, provided that the government isn't the one doing it.
The artificiality
of the divide between matters which the COR applies, and the sphere which it
does not, namely private matters, is a fiction created by the division of
powers provided by the Constitution. However, is it still valid to define
private interactions as being solely matters of 'local and private in nature,'
subject to provincial legislation only? Cases have extended the influence of
the COR to the common law (see Dolphin), but is there a need to extent the COR
to all require all Canadians to uphold a certain standard of conduct? This is
not necessarily in the form of a COR- perhaps an appendix to the COR, directed
explicitly to private matters. The COR is intended to guarantee 'rights and
freedoms' of Canadian citizens with relation to state action. This seems to be
a one sided contract- perhaps it is time to all Canadians held to a similar
standard of conduct and accountablility, an added level of responsibility in
enjoying the rights of Canadian citizenship.
Awesome! The Constitution really is a "living tree"
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