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

Government Policy

In cases where the "effective control test" fails there is still the possibility of the Charter applying where it can be shown that the organization provided services that were in furtherance of a specific government policy or program (Eldridge v. British Columbia). The reason for this expansion was to prevent the government from outsourcing services to private organizations in order to get around the "control test".

For example, in Eldridge v. British Columbia, the Court found that though hospitals are not considered government actors, they are often subject to Charter scrutiny as many government policies are designed to be carried out by the hospitals.

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

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