L'Association Pharmaceutique de Québec v. Livernois

L'Association Pharmaceutique de Québec v. Livernois

The majority held that (1) the Supreme Court retained jurisdiction despite withdrawal of a constitutional plea; (2) the 1899 amending Act (62 Vict. c.35) adding Art. 4039b has no retroactive effect and cannot defeat proceedings begun earlier; (3) sale by an unlicensed person of drugs by retail, including certain proprietary medicines shown to contain poisons, violated Art. 4035 R.S.Q.; and (4) because only a first offence conviction was necessary on the record, judgment for a single first‑offence penalty ($25) should be entered for the appellants; the Court of Queen's Bench judgment was reversed (with two dissenting judges).

Citation
(1900) 31 SCR 43
Parties
Appellant/plaintiff: L'Association Pharmaceutique de Québec; Respondent/defendant: J. E. Livernois
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 November 1900
Procedural Posture
Civil Appeal From Court of Queen's Bench (provincial Pharmacy Regulation/penal Statute) / On Appeal to the Supreme Court of Canada (final Hearing)
Outcome
Appeal allowed; judgment of Court of Queen's Bench reversed; judgment entered for appellant for one first‑offence penalty.
Legal Topics
Retroactivity of Legislation, Penalties and Fines Recovery, Pharmacy Regulation and Licensure, Joinder of Multiple Penalties, Court Jurisdiction and Forum, Effect of Withdrawing Constitutional Plea on Appeal Jurisdiction
Source Language
English
Constitutional Law Statutory Interpretation Administrative/regulatory Law Criminal/penal Law Civil Procedure Appeal Jurisdiction Retroactivity of Legislation Penalties and Fines Recovery +4 more

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Parties

L'Association Pharmaceutique de Québec

Appellant/plaintiff

J. E. Livernois

Respondent/defendant

Procedural Posture

Civil Appeal From Court of Queen's Bench (provincial Pharmacy Regulation/penal Statute) / On Appeal to the Supreme Court of Canada (final Hearing)

Legal Issues

  1. 1 Whether Supreme Court retained jurisdiction after withdrawal of constitutional plea
  2. 2 Whether the 1899 amending Act (62 Vict. c.35) operates retroactively to bar proceedings begun before it came into force
  3. 3 Whether penalties for several statutory offences can be joined in one civil action and tried in Superior Court

Ratio Decidendi

The majority held that (1) the Supreme Court retained jurisdiction despite withdrawal of a constitutional plea; (2) the 1899 amending Act (62 Vict. c.35) adding Art. 4039b has no retroactive effect and cannot defeat proceedings begun earlier; (3) sale by an unlicensed person of drugs by retail, including certain proprietary medicines shown to contain poisons, violated Art. 4035 R.S.Q.; and (4) because only a first offence conviction was necessary on the record, judgment for a single first‑offence penalty ($25) should be entered for the appellants; the Court of Queen's Bench judgment was reversed (with two dissenting judges).

Court Disposition

Appeal allowed; judgment of Court of Queen's Bench reversed; judgment entered for appellant for one first‑offence penalty.

Orders

  • Appeal allowed with costs
  • Judgment reversed and Superior Court directed to enter judgment for the appellant for $25 with costs on the lower scale