Saumur v Quebec (City of)
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{{italic title, all=yes, noerror''Saumur v Quebec (City of)''
953 Year 953 ( CMLIII) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * Battle of Marash: Emir Sayf al-Dawla marches north into the Byzantine Empire an ...
2 S.C.R. 299 is a famous constitutional decision of the Supreme Court of Canada which struck down a municipal by-law prohibiting the distribution of literature to the public. Laurier Saumur (6 Feb. 1921–22 Mar. 2007) was born and raised Catholic, but grew disillusioned as a youth and studied the teachings of the Jehovah's Witnesses. He was baptized as a Witness in 1944 and soon began to work as a door-to-door missionary for the Witnesses, first in
Montreal Montreal ( ; officially Montréal, ) is the second-most populous city in Canada and most populous city in the Canadian province of Quebec. Founded in 1642 as '' Ville-Marie'', or "City of Mary", it is named after Mount Royal, the triple ...
and then in
Quebec City Quebec City ( or ; french: Ville de Québec), officially Québec (), is the capital city of the Canadian province of Quebec. As of July 2021, the city had a population of 549,459, and the metropolitan area had a population of 839,311. It is t ...
. At the time, police harassment of Witnesses was widespread in Quebec, and Mr. Saumur had been arrested 103 times for distribution of Witness literature when he decided to challenge the legal basis for the arrests. A group of
Jehovah's Witness Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The group reports a worldwide membership of approximately 8.7 million adherents involved in ...
es, along with Saumur, challenged a
Quebec City Quebec City ( or ; french: Ville de Québec), officially Québec (), is the capital city of the Canadian province of Quebec. As of July 2021, the city had a population of 549,459, and the metropolitan area had a population of 839,311. It is t ...
municipal by-law that prohibited the distribution of literature in the street without the proper authorization of the city's
Chief of Police Chief may refer to: Title or rank Military and law enforcement * Chief master sergeant, the ninth, and highest, enlisted rank in the U.S. Air Force and U.S. Space Force * Chief of police, the head of a police department * Chief of the b ...
on the basis that it was outside of the municipality's jurisdiction and that it had the effect of religious and political censorship. The case reached the Supreme Court in 1953. In a 5 to 4 decision, the Court held that the subject matter of the law was in relation to "speech" or "religion" which were both in the exclusive legislative jurisdiction of the federal government. The majority noted that the law had the effect that the chief of police would act in the role of a censor, deciding whether certain literature was objectionable. The result, they observed, would be that unpopular groups such as the Jehovah's Witnesses would be censored. The dissent focused on the purpose of the law, observing that it was intended to protect the public and keep the streets clean. They found no basis for Saumur's claim that it prevented the Jehovah's Witnesses from their religious practice. This decision was subsequently used to dismiss more than 1000 cases against Witnesses in the Province of Quebec. It was one of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis government of Quebec. Previous to this there was the case of '' R v Boucher''
951 Year 951 ( CMLI) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * King Berengar II of Italy seizes Liguria, with help from the feudal lord Oberto I. He re ...
S.C.R. 265 according to which mere criticism of the government does not constitute seditious libel. Subsequent to ''Saumur'' was the case of ''
Roncarelli v Duplessis ''Roncarelli v. Duplessis'', 959S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by o ...
''
959 Year 959 ( CMLIX) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * April - May – The Byzantines refuse to pay the yearly tribute. A Hungari ...
S.C.R. 121 which punished Duplessis for revoking a Jehovah's Witness liquor license.


See also

* Lamb v Benoit


External links


Full text of decision from canlii.org

Obituary of Laurier Saumur, Toronto Globe and Mail 5 May 2007
1953 in Canadian case law Canadian constitutional case law Canadian freedom of expression case law Christianity and law in the 20th century History of Quebec City Jehovah's Witnesses litigation Religion in Canada Supreme Court of Canada cases