Saumur et al. v. Procureur général du Québec

Saumur et al. v. Procureur général du Québec

The appeal was dismissed because under Quebec law a declaratory action of the kind instituted does not exist absent an existing and actual interest; Code of Civil Procedure art.77 requires an immediate interest, which the plaintiffs did not have, so the court declined to decide the statute's constitutionality and dismissed the intervention.

Citation
[1964] SCR 252
Parties
Appellants / Plaintiffs: Laurier Saumur et Les Témoins de Jéhovah; Respondent / Defendant: Procureur général de la Province de Québec; Intervenor: Procureur général du Canada
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 January 1964
Procedural Posture
Appeal to the Supreme Court of Canada / On Appeal From the Court of the Queen's Bench, Province of Quebec
Outcome
Appeal dismissed with costs; intervention of the Attorney General of Canada dismissed (without costs for or against the Attorney General of Canada).
Legal Topics
Declaratory Judgments, Standing / Interest to Sue, Ultra Vires Challenge, Pre‑enforcement Relief, Provincial Competence
Source Language
English
Constitutional Law Civil Procedure Religious Freedom Criminal Law Statutory Interpretation Declaratory Judgments Standing / Interest to Sue Ultra Vires Challenge +2 more

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Parties

Laurier Saumur et Les Témoins de Jéhovah

Appellants / Plaintiffs

Procureur général de la Province de Québec

Respondent / Defendant

Procureur général du Canada

Intervenor

Procedural Posture

Appeal to the Supreme Court of Canada / On Appeal From the Court of the Queen's Bench, Province of Quebec

Legal Issues

  1. 1 Whether a declaratory action exists in Quebec permitting pre‑enforcement constitutional challenges to provincial statutes
  2. 2 Whether the plaintiffs had the necessary immediate and actual interest (standing) under Code of Civil Procedure art.77 to institute the action
  3. 3 Whether the Attorney General of Canada could properly intervene on the constitutional question once the main action was held non‑existent

Ratio Decidendi

The appeal was dismissed because under Quebec law a declaratory action of the kind instituted does not exist absent an existing and actual interest; Code of Civil Procedure art.77 requires an immediate interest, which the plaintiffs did not have, so the court declined to decide the statute's constitutionality and dismissed the intervention.

Court Disposition

Appeal dismissed with costs; intervention of the Attorney General of Canada dismissed (without costs for or against the Attorney General of Canada).

Orders

  • Appeal dismissed with costs
  • Intervention by the Attorney General of Canada dismissed without costs for or against the Attorney General of Canada