''Switzman v Elbling and A.G. of Quebec'',

957 Year 957 ( CMLVII) was a common year starting on Thursday of the Julian calendar. Events By place Europe * September 6 – Liudolf, the eldest son of King Otto I, dies of a violent fever near Pombia (it is rumored from a laten ...

SCR 285 is a

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 ...

decision in which the Court ruled that

Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...

's Act to Protect the Province Against Communistic Propaganda, commonly known as the "Padlock Law", was ''

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 ...

'' of the provincial legislature. The Court held that the Padlock Law was a statute respecting

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

, which is the exclusive authority of the

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under the

British North America 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 originally enacted as the ''British North America Act, 1867'' (BNA Act), ...

. Rand, Kellock, and Abbott JJ further held that the law was ''ultra vires'' because it violated

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...

guaranteed under an

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springing from the "democratic form of government established in Canada", but this view was not shared by the rest of the majority.

History

Max Bailey, was a resident of a Park Avenue apartment in Montreal. In February 1948, Bailey, a former Montreal City Councillor and a Communist himself, wanted to assign his apartment to John Switzman, a prominent

Marxist Marxism is a political philosophy and method of socioeconomic analysis. It uses a dialectical and materialist interpretation of historical development, better known as historical materialism, to analyse class relations, social conflic ...

who wanted to turn the apartment into a local Communist hub. Freda Elbling, the landlord, tried to prevent Switzman from taking the apartment for fear of having her building appropriated by the province under the Padlock Law. Failing that, she applied to the court to have the lease cancelled. In his defence, Switzman challenged the Padlock Law as a violation of freedom of speech and as a law

the power of the provincial government. At trial and on appeal, the courts found in favour of Elbling. In an 8 to 1 decision, the Supreme Court found that the law was ''ultra vires'' and it was struck down.

References

External links

* Canadian federalism case law Canadian freedom of expression case law Supreme Court of Canada cases 1957 in Canadian case law Censorship in Canada {{italic title