How does the common law interact with the Charter?

Manitoba, Canada


The following excerpt is from Nygård International Partnership v. Canadian Broadcasting Corporation et al., 2011 MBQB 124 (CanLII):

In Grant, McLachlin C.J.C. explained the interplay between ss. 32 and 2(b) of the Charter: 44 The constitutional status of freedom of expression under the Charter means that all Canadian laws must conform to it. The common law, though not directly subject to Charter scrutiny where disputes between private parties are concerned, may be modified to bring it into harmony with the Charter. As Cory J. put it in Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, at para. 97, "Charter values, framed in general terms, should be weighed against the principles which underlie the common law. The Charter values will then provide the guidelines for any modification to the common law which the court feels is necessary."

Other Questions


What are some common law issues in common law? (Manitoba, Canada)
How have courts interpreted the meaning of the common law in the context of common law? (Manitoba, Canada)
In what circumstances have common law principles concerning duress and undue influence been reviewed in common law? (Manitoba, Canada)
What is the common law common law cause of action in a motor vehicle accident case? (Manitoba, Canada)
Can a preliminary inquiry judge grant an appli cation to stay proceedings for breach of the Charter of Human Rights? (Manitoba, Canada)
What is the test for a challenge under s. 15 of the Charter of Rights? (Manitoba, Canada)
How have courts interpreted a heading in the Canadian Charter of Rights and Freedoms? (Manitoba, Canada)
Is a spouse or common-law partner entitled to the commuted value of a pension and each party’s share? (Manitoba, Canada)
What is the test for establishing that an accused has a Charter violation? (Manitoba, Canada)
What is the test for making out a discrimination claim under section 15 of the Charter? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.