RWDSU v. Dolphin Delivery Ltd.

RWDSU v. Dolphin Delivery Ltd., [1986] 2 S.C.R. 573 is the seminal Canadian Charter of Rights and Freedoms decision that states that the Charter applies to governmental action and not to the common law as it is judge made law, however, judges should interpret the common law in the light of the Charter.

The succinct statement by McIntyre J.(at ¶¶ 1 & 2):

1 The Charter does not directly apply to the common law unless it is the basis of some governmental action.

2 Even though the Charter does not directly apply to the common law absent government action, the common law must nonetheless be developed in accordance with Charter values. (To the same effect, see R. v. Salituro[?], [1991] 3 S.C.R. 654, Dagenais v. Canadian Broadcasting Corp.[?], [1994] 3 S.C.R. 835, and R. v. Park, [1995] 2 S.C.R. 836, per L'Heureux-Dubé J.).

External link

• Text of the Judgment (http://www.lexum.umontreal.ca/csc-scc/en/pub/1986/vol2/html/1986scr2_0573)