Ricard v. Lord

Ricard v. Lord

Appellant violated s.3 of the Municipal Bribery and Corruption Act because he had a continuing contractual interest and derived benefits during his mayoral term; the mayor is included within 'member of a municipal council'; the provincial statute is constitutional and not displaced by Criminal Code s.161 or by s.123 of the Cities and Towns' Act; exclusions in other municipal codes do not apply; courts cannot declare contract nullity where municipality not joined; disqualification may be ordered in the penal action without prior criminal conviction.

Citation
[1941] SCR 1
Parties
Appellant/defendant: Joseph H. Ricard; Respondent/plaintiff: Raoul Lord
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1939
Procedural Posture
Appeal to Supreme Court of Canada; Penal Action Under Municipal Bribery and Corruption Act / Final Appeal From Court of King's Bench, Appeal Side, Province of Quebec
Outcome
Appeal dismissed with costs; judgment of Court of King's Bench, Appeal Side, Quebec, affirmed; respondent's action maintained
Legal Topics
Bribery and Corruption, Disqualification From Municipal Office, Conflict of Interest, Municipal Contracts, Nullity of Contract, Interpretation of 'shall Include'
Source Language
English
Municipal Law Constitutional Law (division of Powers) Criminal Law Administrative Law Statutory Interpretation Bribery and Corruption Disqualification From Municipal Office Conflict of Interest +3 more

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Parties

Joseph H. Ricard

Appellant/defendant

Raoul Lord

Respondent/plaintiff

Procedural Posture

Appeal to Supreme Court of Canada; Penal Action Under Municipal Bribery and Corruption Act / Final Appeal From Court of King's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether appellant violated s.3 of the Municipal Bribery and Corruption Act by having an interest in a contract with the municipality during his mayoral term
  2. 2 Whether federal Criminal Code s.161 occupies the field and renders the provincial Act inoperative
  3. 3 Whether s.123 of the Cities and Towns' Act covers the same offence and displaces s.3 of the Municipal Bribery and Corruption Act

Ratio Decidendi

Appellant violated s.3 of the Municipal Bribery and Corruption Act because he had a continuing contractual interest and derived benefits during his mayoral term; the mayor is included within 'member of a municipal council'; the provincial statute is constitutional and not displaced by Criminal Code s.161 or by s.123 of the Cities and Towns' Act; exclusions in other municipal codes do not apply; courts cannot declare contract nullity where municipality not joined; disqualification may be ordered in the penal action without prior criminal conviction.

Court Disposition

Appeal dismissed with costs; judgment of Court of King's Bench, Appeal Side, Quebec, affirmed; respondent's action maintained