The Tender For Law

Volume 3

Aug 06, 2013 3:09 PM

James Allan

Here, I hope this will help in your understanding as to the minimal rights you possess as a representative of the corporation (you being a rep of your corp does not, by your actions, appear to be a fact in dispute). This is from the SCC, enjoy: " That is, read as a whole, it appears to us that this section [s. 7] was intended to confer protection on a singularly human level. A plain, common sense reading of the phrase "Everyone has the right to life, liberty and security of the person" serves to underline the human element involved; only human beings can enjoy these rights. "Everyone" then, must be read in light of the rest of the section and defined to exclude corporations and other artificial entities incapable of enjoying life, liberty or security of the person, and include only human beings.

Thus, to the extent that the individual appellants act as representatives of the corporation, s. 7 is no more applicable. Indeed, to allow the individuals acting in such a representative capacity to invoke Charter protection under s. 7 would be to grant the corporation rights which it cannot enjoy."