How does the Charter apply to private individuals and private sector actions?

How does the Charter apply to private individuals and private sector actions?

• A. It directly binds private actors in all matters
• B. It applies only to private actions when a court chooses to apply it
• C. It primarily binds government action and laws; private actors are generally not directly bound unless government involvement or statutory context applies
• D. It does not apply to government actions

Answer: (C)

The main point is that the Charter acts as a constitutional check on the state. It binds government action and the laws the government enacts. Private individuals and private-sector actions are not directly bound by the Charter in ordinary circumstances. They become subject to Charter scrutiny only when the government is involved in the action or when a statute or government program brings Charter rights into private conduct—for example, a private entity carrying out a public function or operating under a government contract, or a statute that incorporates Charter protections. In sum, the Charter’s direct reach is primarily over government actions; private actors are generally outside its direct scope unless government involvement or a statutory context makes it applicable.

The main point is that the Charter acts as a constitutional check on the state. It binds government action and the laws the government enacts. Private individuals and private-sector actions are not directly bound by the Charter in ordinary circumstances. They become subject to Charter scrutiny only when the government is involved in the action or when a statute or government program brings Charter rights into private conduct—for example, a private entity carrying out a public function or operating under a government contract, or a statute that incorporates Charter protections. In sum, the Charter’s direct reach is primarily over government actions; private actors are generally outside its direct scope unless government involvement or a statutory context makes it applicable.