What is Section 32 of the Charter?
Answer
The application clause that makes the Charter binding on Parliament, the federal government, and all provincial and territorial legislatures and governments, but not on private actors.
Explanation
Section 32 of the Canadian Charter of Rights and Freedoms sets out the scope of the Charter's application. Section 32(1) reads: 'This Charter applies (a) to the Parliament and government of Canada in respect of all matters within the authority of Parliament including all matters relating to the Yukon Territory and Northwest Territories; and (b) to the legislature and government of each province in respect of all matters within the authority of the legislature of each province'. The Charter is binding on government, not on private individuals or businesses.
The leading section 32 case is RWDSU v. Dolphin Delivery Ltd. (1986), where the Supreme Court of Canada held that the Charter does not apply directly to private litigation, even where common law rules are at issue, unless the common law is invoked by government. The court refined the scope of government action in Eldridge v. British Columbia (1997, hospitals delivering medically necessary services), McKinney v. University of Guelph (1990, universities), Stoffman v. Vancouver General Hospital (1990), and Greater Vancouver Transportation Authority v. Canadian Federation of Students (2009, transit authorities).
Government for Charter purposes includes federal, provincial, and territorial Parliaments and legislatures, federal-provincial-territorial executives, Crown corporations, government-controlled tribunals and agencies, and the police. Municipalities are subject to the Charter when exercising statutory powers (Godbout v. Longueuil (City), 1997, residency requirements). Indigenous governments operating under federal or provincial delegated authority are similarly bound, while the application of the Charter to self-governing First Nations remains an evolving question.
Section 32(2) addressed the delayed entry into force of section 15 (equality rights), which took effect April 17, 1985, three years after the rest of the Charter. The delay gave Parliament and the legislatures time to amend statutes to comply with the new equality guarantee. Hundreds of laws were updated during the three-year window, including the Indian Act provisions that stripped status from women who married non-status men (changed by Bill C-31 in 1985), pension rules excluding same-sex partners, and many provincial family-law statutes. Federal-provincial coordination during this period was managed by the Department of Justice and parallel provincial ministries.
Why this matters for your test
Section 32 explains why the Charter binds government but not private individuals. Recognising the federal-provincial application and the 1986 Dolphin Delivery limit on direct private application gives candidates a structured answer.
Source: Canadian Charter of Rights and Freedoms, s. 32; RWDSU v. Dolphin Delivery Ltd. [1986] 2 S.C.R. 573
