Exam 1: Risk Management and Sources of Law

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Section 32(1) of the Charter states that the document applies to "Parliament" and "the legislature ... of each province." Consequently, its rights and freedoms have full effect only if a person is complaining about the government's behaviour. In contrast, the Charter does not directly apply to disputes involving private parties. For instance, the right to freedom of expression that is found in section 2(b) does not entitle a union to picket a private corporation. That is not to say, however, that Ranji's corporation would be entirely immune to the effect of the Charter. The Supreme Court of Canada has said on several occasions that even the rules that apply between private parties should be developed in a manner that is consistent with Charter values. Although the precise meaning of that proposition is not yet entirely clear, Canadian courts have, on several occasions, formulated private law rules with the Charter in mind.
The Charter therefore generally will not apply against Ranji's corporation. It may not apply in favour of the company either. It depends upon the circumstances. Some Charter provisions, such as section 2 which deals with basic freedoms, refer to "everyone." Others, however, such as section 15(1) which deals with equality, refer to "every individual." A corporation is a kind of "person," but it is not an "individual." As a result, Ranji's company may enjoy some freedoms, but not the right to equality.
Furthermore, even though it falls within the scope of "everyone" in section 2, the company will not be able to claim the protection of some specific freedoms that are contained in that section. For instance, a company may have the need for the freedom of expression that is found in section 2(b) , but not the freedom of religion that is found in section 2(a) . A corporation can express itself, but it cannot hold religious beliefs.