La Corporation de la Paroisse de St. Prosper v. Rodrigue

The appeal is dismissed and the by-law is ultra vires because it directly deals with Sunday (Lord's Day) observance, a subject within federal jurisdiction under the Lord's Day Act, so the municipality lacked power to enact such prohibition.

Citation: (1917) 56 SCR 157
Parties: Appellant/defendant: La Corporation de la Paroisse de St. Prosper; Respondent/plaintiff: Louis Rodrigue
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 13 November 1917
Procedural Posture: Appeal to the Supreme Court of Canada / On Appeal From the Court of King's Bench, Province of Quebec
Outcome: Appeal dismissed with costs; impugned by-law remains quashed
Legal Topics: Sunday Observance, Lord's Day Act, Ultra Vires, Police Power
Source Language: English

Constitutional Law Municipal Law Criminal Law Sunday Observance Lord's Day Act Ultra Vires Police Power

Case Brief

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Parties

La Corporation de la Paroisse de St. Prosper

Appellant/defendant

Louis Rodrigue

Respondent/plaintiff

Procedural Posture

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

Legal Issues

1 Whether a municipal by-law forbidding opening restaurants and sale of merchandise on Sundays is ultra vires because it deals with Sunday observance reserved to federal jurisdiction
2 Whether this Court had jurisdiction to hear the appeal under s.46 of the Supreme Court Act

Ratio Decidendi

Court Disposition

Appeal dismissed with costs; impugned by-law remains quashed

Orders

Appeal dismissed with costs
By-law prohibiting opening of restaurants and sale of merchandise on Sundays quashed