CROWN AGENT STATUS
AbstractThe Crown agency issue has arisen most frequently in the past in connection with claims of Crown immunity. The modern approach of the courts is simply to examine the government's right to control the person or statutory body claiming Crown status. It is suggested that this approach is an incomplete one in the domestic immunity context. There should be a further analysis of the suitability of the particular immunity claimed to the particular function performed by the agent. Under this approach the assessment of control would remain for the preliminary purpose of determining whether or not the person or body was a Crown agent. An "enterprise control" test may be used for this purpose. Additionally, such a test may have application in other contexts where the Crown agent characterization is relevant. It may possibly be applied, for example, to determine the scope of operation of the Charter.
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