In the similar fashion from Dolphin Delivery, they looked at the meaning of section 32 to determine the purpose of the Charter, concluding it is a tool for checking the powers of the government over the individual.

They further justified this conclusion by stating that if the scope were so widely read as to include private actions, it would impose too much a burden on the courts and would result in too much overlap with common law rules and statutes.

LaForest J noted that universities still function as autonomous bodies and the government had no direct power to control the school.

Despite the court ruling against the University's status as a government body, they nevertheless examined whether the retirement policy violated section 15.

LaForest J stated that all actions pursuant to powers granted by law, not merely statutes, would be subject to Charter scrutiny.