Page "RWDSU v. Dolphin Delivery Ltd." Paragraph 5

McIntyre, writing for the court, looked at section 52 ( 1 ) of the Constitution Act, 1982, which stated that any law inconsistent with the Charter is of no force or effect.

The court stated that this should be interpreted broadly and thus must include both statute law and common law.

However, this interpretation needed to be reconciled with section 32 which states that the Charter should apply only to Parliament and legislatures.

The Court gave preference to section 32 and stated that the Charter will apply only to common law where the government is involved.