Charter Application and Limits
Who is bound
Section 32(1) applies the Charter to Parliament and the federal government, and to provincial legislatures and governments. Courts have extended application to entities exercising governmental functions or subject to substantial government control, such as municipalities and some administrative bodies. Private actors are generally not bound unless a statutory connection exists.
Limits
Section 1 permits reasonable limits prescribed by law and demonstrably justified in a free and democratic society. The Oakes test governs justification. Section 33 permits a legislative override of sections 2 and 7-15, requiring an express declaration that operates for five years and can be renewed. Section 1 does not apply to the override itself.
Section 24 remedies
Section 24(1) permits a court of competent jurisdiction to grant appropriate and just remedies for infringement. Section 24(2) permits exclusion of evidence obtained in violation of the Charter if admission would bring the administration of justice into disrepute. Section 52(1) permits a declaration of invalidity, often suspended to allow legislative correction.
Traps
Questions often apply the Charter to purely private conduct, or forget that section 32 is the gateway. Another trap is treating section 33 as unlimited; it cannot override section 15 equality or section 7 in the way some assume, and it cannot override all rights.
Rule of thumb
Apply the Charter only where section 32 engages; then test section 1 justification; then consider the override and remedies.