Bédard v. Dawson

Bédard v. Dawson

The Quebec statute is intra vires the provincial legislature because it deals with property and civil rights by authorizing civil remedies to suppress a nuisance (closure of disorderly houses) rather than imposing criminal punishment, and therefore does not unlawfully encroach on the federal criminal law power.

Citation
[1923] SCR 681
Parties
Appellant (defendant): Dame D. Bédard; Plaintiff (respondent): Owen Dawson; Intervenor (respondent): The Attorney General of the Province of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 June 1923
Procedural Posture
Appeal; Constitutional Challenge to Provincial Statute / Hearing and Judgment by the Supreme Court of Canada on Appeal From the Court of King's Bench, Quebec
Outcome
Appeal dismissed with costs
Legal Topics
Division of Powers, Nuisance, Disorderly Houses, Intra Vires, Civil Remedies Vs. Criminal Law
Source Language
English
Constitutional Law Property Law Civil Law Municipal/regulatory Law Division of Powers Nuisance Disorderly Houses Intra Vires +1 more

Case Brief

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Parties

Dame D. Bédard

Appellant (defendant)

Owen Dawson

Plaintiff (respondent)

The Attorney General of the Province of Quebec

Intervenor (respondent)

Procedural Posture

Appeal; Constitutional Challenge to Provincial Statute / Hearing and Judgment by the Supreme Court of Canada on Appeal From the Court of King's Bench, Quebec

Legal Issues

  1. 1 Whether 10 Geo. V, c. 81 (Que.) is intra vires the provincial legislature under s.92(13) BNA Act
  2. 2 Whether the provincial statute impermissibly encroaches on the federal criminal law power
  3. 3 Whether the statute is a civil remedy for nuisance (closure of premises) rather than punishment for crime

Ratio Decidendi

The Quebec statute is intra vires the provincial legislature because it deals with property and civil rights by authorizing civil remedies to suppress a nuisance (closure of disorderly houses) rather than imposing criminal punishment, and therefore does not unlawfully encroach on the federal criminal law power.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs