THE ANSWER TO MEADS v. MEADS: RWDSU v. Dolphin Delivery[1986]
"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."
Printed copy · Anthology Volume 4, page 1026Printed copy from The Tender For Law Anthology, Volume 4, page 1026 (printed 13 June 2014). Added by this site; not part of the Facebook export.