How does the common law interact with the Charter?

Manitoba, Canada

The following excerpt is from Nygård International Partnership v. Canadian Broadcasting Corporation et al., 2011 MBQB 124 (CanLII):

In Grant, McLachlin C.J.C. explained the interplay between ss. 32 and 2(b) of the Charter: 44 The constitutional status of freedom of expression under the Charter means that all Canadian laws must conform to it. The common law, though not directly subject to Charter scrutiny where disputes between private parties are concerned, may be modified to bring it into harmony with the Charter. As Cory J. put it in Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, at para. 97, "Charter values, framed in general terms, should be weighed against the principles which underlie the common law. The Charter values will then provide the guidelines for any modification to the common law which the court feels is necessary."

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