Section 38 makes it unlawful for a public authority to act in a way that is incompatible with a human right. It also makes it unlawful for a public authority to fail to give proper consideration to a relevant human right in making a decision.


 

For the range of persons and entities specifically listed as public authorities in s. 4, this will mean that all of their conduct and decision-making will need to conform with the Charter. For non-governmental entities who are public authorities, it will mean that they will have to conform to the Charter when exercising functions of a public nature on behalf of the state or a public authority. The Charter does not apply to an act or a decision of a public authority that is of a private nature (see s. 8). Therefore, a decision by a government official in his or her private capacity does not attract any obligations under the Charter.