Is a non-governmental organisation (NGO) subject to Charter scrutiny?
British Columbia, Canada
The following excerpt is from HMTQ v. Dorsay, 2002 BCSC 1807 (CanLII):
Nevertheless, governments cannot avoid Charter scrutiny by delegating the implementation of their policies and programmes to non-governmental entities: Eldridge v. British Columbia (Attorney General), 1997 CanLII 327 (SCC), [1997] 3 S.C.R. 624, at p. 660. An entity which is found to be implementing a specific governmental policy or programme will attract Charter scrutiny: ibid at p. 661.
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