CONFIDENTIAL
the
20.
The advantage of this approach is that. like the approach to concerns which are owned or controlled hu
government, where government hak actively intervenen
place a private body in a preferred business position
actions would he caught under the BOD
itu
21.
The disadvantage of this approach is that business concerns (e.o. the major bus companies. the main television broadcasting companies) which would have considered themselves exempt from the BOR would be bound by it and would probably resent the formal legal inhibitions
the BOR would impose on their commercial activitiar particularly if they considered that thera impeded their commercial decisions or restricted their ability to
compete.
Opting 8: No Clause 7
22.
The BOR could be silent as to who is bound by
+
The advantage of this annrnach je
thar 2
23.
provision which may have the effect of limiting or expanding the range of the BOR is avoided. The courts would be free to apply the BOR in accordance with the TCCPR
24.
The disadvantage of this approach is that it would create considerable uncertainty, particularly in light of the Bill's drafting history: inter-citiven righte might nonetheless be recognized and enforced. For example.
courts in Belcium and the Netherlands have annliad RAMA
articles of the European Convention on Human Rights to inter-citizen relations. evAN
even though neither the Convent Lon
nor the statute adopting the Convention into domestic law
specifically provided for third narty righte
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