The government appealed the decision and the Nova Scotia Court of Appeal held that the tribunal did not have the authority to apply the "Charter". To arrive at this conclusion the court had followed the "Cooper" case. In that decision the Supreme Court was divided on when the "Charter" could be used. McLachlin argued that the Charter belonged "to the people" and so must be granted liberally. Lamer had argued otherwise, stating that only courts of proper authority could use it. The compromise was that it could only be used where there was clear legislative intent. On the facts here there was no clear legislative intent and so the appeal court found no authority.