Freedom to conduct a business, a comparative law perspective : Canada

This document is part of a series of Comparative Law studies that analyze the freedom to conduct a business in different legal orders around the world. After a brief historic introduction and a presentation of applicable legislation and case law, the content, limits and possible evolution of this freedom are examined. The subject of this study is Canada's federal legal system. While the freedom to conduct a business is a common law right, it does not possess supralegislative status. Nevertheless, various constitutional rules - including those arising from Canada's federal structure and from the Charter of Rights - afford a degree of protection to businesses and to business activities. The study notes the pervasive influence of federalism on business regulation in Canada. The rules allocating responsibility between the Parliament and the provinces do not affect only the level of government at which regulatory laws are enacted, but also affect the form and content of those laws.