''Canada (AG) v Montreal (City of)'',
978
Year 978 ( CMLXXVIII) was a common year starting on Tuesday of the Julian calendar.
Events
By place
Byzantine Empire
* Battle of Pankaleia: Rebel forces under General Bardas Skleros are defeated by the Byzantine army loyal to Emper ...
2 S.C.R. 770 (also known as ''Dupond'') is a constitutional decision of the
Supreme Court of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants eac ...
. The Court upheld a municipal law that regulated the traffic by repressing disorderly conduct during public parades under the provincial constitutional authority to create laws of a "local nature" in section 92(16) of the
Constitution Act, 1867
The ''Constitution Act, 1867'' ( 30 & 31 Vict. c. 3) (),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), ...
.
The law was challenged as
ultra vires
('beyond the powers') is a Latin phrase used in law to describe an act that requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
the constitution as the law was claimed to be of a criminal law nature, a power exclusive to the federal government under section 91(27) of the Constitution Act, 1867, by preserving the peace and punishing disorderly conduct. However, City of Montreal cited ''
Hodge v. The Queen
''Hodge v The Queen'' is a Canadian constitutional law decision of the Judicial Committee of the Privy Council in 1883, at that time the highest court of appeal in the British Empire, including Canada. It was decided under the ''British North ...
'', claiming that it allowed for a municipality to preserve peace and repress disorderly conduct in the context of a valid provincial program.
The Court agreed with the City and held in their favour. The Court held that the law was not criminal in nature as it was preventative and not punitive.
See also
*
List of Supreme Court of Canada cases (Laskin Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from the appointment of Bora Laskin in 1973 as Chief Justice to his death in office in 1984. Laskin was the first Chief Justice to hear cases under the Charter ...
External links
* {{lexum-scc2, 1978, 2, 770, 201
Canadian federalism case law
Supreme Court of Canada cases
1978 in Canadian case law