Section Thirty-two of The Canadian Charter of Rights and Freedoms - Government Actors

Government Actors

The meaning of "government actors" was considered in the case of McKinney v. University of Guelph. The Court, using what is called the "effective control test", examines the role of the government in the institution. A government actor consists of institutions for which the government has statutory authority to exercise substantial control over the day-to-day operations, policy-making, and as well provides substantial funding for the institutions.

The main question to ask is how much control the government has over the institution:

  • Is there a law that directs how the institution will operate?
  • Does the government appoint the majority of the institution's board of directors?
  • Does the institution have any history or guarantees of independent action from government?

The greater the government control over the operation of the institution, the more likely it is to be a part of the government, although different Supreme Court decisions have required different amounts of control.

In practice this generally excluded organizations such as public universities and hospitals since the Board of Governors usually operated independently of government control. Colleges, however, are government actors because they lack the independence of a Board.

Read more about this topic:  Section Thirty-two Of The Canadian Charter Of Rights And Freedoms

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