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Charter Compliance Issues: Application of Charter to Regulatory Bodies
Question: Are regulatory bodies in Canada bound by the Charter of Rights and Freedoms?
Answer: Yes, as confirmed in Blencoe v. British Columbia (Human Rights Commission), [2000] S.C.R. 307, independent regulatory bodies operating under statutory authority must adhere to the Charter, ensuring that their actions align with constitutional standards to protect the rights of individuals. Stay informed about your rights—reach out for legal guidance today.
Regulatory Bodies Are Subject to the Charter of Rights and Freedoms
The Charter of Rights and Freedoms was established for the primary purpose of addressing governmental conduct and was subssquently deemed as applicable to the conduct of regulatory bodies acting under statutory authority on behalf of the government. Accordingly, independently operating regulatory bodies, including self-governing entities established for the oversight of certain professions, among others, are required to abide by the Charter in just the same manner as an actual governmental agency.
The Law
Within the Blencoe v. British Columbia (Human Rights Commission), 2000 SCC 44 (CanLII), [2000] 2 SCR 307, the Supreme Court, provided the significant judicial interpretation clarifying that regulatory bodies empowered as a statutory authority, although independently operating, are bound by the Charter in a similar fashion as the government. This applicability ensures that regulatory bodies acting under statutory authority adhere to constitutional standards there protecting, among other things, the fundamental rights and freedoms of those governed by the regulatory body. Specifically, in Blencoe it was said:
35 Bodies exercising statutory authority are bound by the Charter even though they may be independent of government. This was confirmed by La Forest J., speaking for a unanimous Court in Eldridge v. British Columbia (Attorney General), 1997 CanLII 327 (SCC), [1997] 3 S.C.R. 624, at para. 21:
There is no doubt, however, that the Charter also applies to action taken under statutory authority. The rationale for this rule flows inexorably from the logical structure of s. 32. As Professor Hogg explains in his Constitutional Law of Canada (3rd ed. 1992 (loose‑leaf)), vol. 1, at pp. 34‑8.3 and 34‑9:
Action taken under statutory authority is valid only if it is within the scope of that authority. Since neither Parliament nor a Legislature can itself pass a law in breach of the Charter, neither body can authorize action which would be in breach of the Charter. Thus, the limitations on statutory authority which are imposed by the Charter will flow down the chain of statutory authority and apply to regulations, by‑laws, orders, decisions and all other action (whether legislative, administrative or judicial) which depends for its validity on statutory authority.
Historical Importance
The Blencoe decision builds on an established legal framework wherein applicability of the Charter to statutory bodies is underscored. The foundation lies in earlier decisions which confirmed that Charter obligations flow through every level of statutory authority. Actions taken based on statutory authority must align with the Charter, emphasizing the overarching influence of the Constitution in shaping administrative and legislative actions within Canada.
Challenges in Applying the Charter to Regulatory Bodies
Several challenges emerge when examining how regulatory bodies must adhere to the Charter. The challenges touch on practical, legal, and procedural dimensions, often creating complexities in ensuring compliance including:
- The Defining of Boundaries of Authority:
Regulatory bodies sometimes struggle to define the extent of the granted authority as within the confines of the Charter. The Charter constraints may impact the decision-making processes and statutory interpretations of the regulatory body. - The Balancing of Independence and Compliance:
Regulatory bodies operate with a degree of independence, yet must balance such autonomy with strict adherence to Charter standards, which may involve complex legal considerations. - The Consistency Across Jurisdictions:
Regulatory bodies are empowered by different statututes and thus the application of Charter principles can vary, potentially leading to inconsistent practices and interpretations among different regulatory entities throughout Canada.
Conclusion
The relationship between the Charter and regulatory bodies exercising statutory authority is critical to maintaining constitutional integrity within Canada. Established decisions like Blencoe v. British Columbia exemplify how independent statutory bodies must operate within Charter constraints, upholding fundamental rights and freedoms. This dynamic interplay ensures regulatory practices align with constitutional standards, fostering a consistent legal framework across the country.
