Yes. It is technically true that the charter only binds the state, but there are section 8 decisions under the charter where the fact that the nurse got the blood sample as opposed to the police officer does not immunize something from the charter.
Of course, in the area of financial sanctioning, the use of financial institutions at the direction of the state, I think, could very well be subject to charter scrutiny. I think the courts will be sensitive to the fact that if they hold the opposite, then it really does create a pretty large accountability gap, because so much in the area of financial sanctions or indeed surveillance is now done by the state directing the private sector.
I think our courts are aware of this and interpret the charter in a broad way, in part because they don't want to provide governments with incentives to basically say, “Here's someone not subject to the charter. Why don't you go and do our dirty work for us?”