Derek Moran
THE ANSWER TO MEADS v. MEADS: RWDSU v. Dolphin Delivery[1986] Supreme Court of Canada
"The Charter applies to the COMMON LAW. The language of s. 52(1) of the Constitution Act, 1982 clearly includes the common law and a construction of that section that would exclude the common law from the Charter's application would be wholly unrealistic..... Although government action is generally dependant on statutory authority, it may rely as well on the common law as in the case of the prerogative. The Charter will apply to the common law where the common law is the basis for some GOVERNMENTAL ACTION which is alleged to have INFRINGED a guaranteed RIGHT or FREEDOM."
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