Scowby v. Glendinning

Scowby v. Glendinning

Majority held s.7 of The Saskatchewan Human Rights Code, insofar as it imposes requirements and creates penal consequences regarding arrest or detention in the context of criminal law, is in pith and substance criminal law and therefore inoperative as provincial legislation under s.91(27); accordingly a Board of...

Source-derived case information.

Citation
[1986] 2 SCR 226
Parties
Appellant: Corporal V. B. Scowby; Appellant: Corporal W. L. Ganes; Appellant: Constable J. A. Clarke; Appellant: Constable A. R. Hopper; Appellant: Constable B. C. Woodward; Appellant: Stephen B. MacBride; Respondent: Peter Glendinning; Intervener: Attorney General for Ontario; Intervener: Attorney General of Quebec; Intervener: Attorney General for New Brunswick; Intervener: Attorney General for Alberta; Intervener: Attorney General for Saskatchewan
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 October 1986
Procedural Posture
Appeal / Supreme Court of Canada Final Judgment on Appeal From Saskatchewan Court of Appeal
Outcome
Appeal allowed (majority); section 7 held inoperative insofar as it applies to arrest or detention under the criminal law
Legal Topics
Division of Powers, Section 96 Appointment Power, Arbitrary Arrest and Detention, Human Rights Commission Jurisdiction, RCMP Administration and Management, Habeas Corpus, Severability
Source Language
english
Constitutional Law Human Rights Law Criminal Law Administrative Law Police Law Tort Law Division of Powers Section 96 Appointment Power +5 more

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Parties

Corporal V. B. Scowby

Appellant

Corporal W. L. Ganes

Appellant

Constable J. A. Clarke

Appellant

Constable A. R. Hopper

Appellant

Constable B. C. Woodward

Appellant

Stephen B. MacBride

Appellant

Peter Glendinning

Respondent

Attorney General for Ontario

Intervener

Attorney General of Quebec

Intervener

Attorney General for New Brunswick

Intervener

Attorney General for Alberta

Intervener

Attorney General for Saskatchewan

Intervener

Procedural Posture

Appeal / Supreme Court of Canada Final Judgment on Appeal From Saskatchewan Court of Appeal

Legal Issues

  1. 1 Whether a provincial Human Rights Commission Board of Inquiry can adjudicate complaints of arbitrary arrest/detention against RCMP officers
  2. 2 Whether s.7 of The Saskatchewan Human Rights Code relates to criminal law and is therefore ultra vires the province under s.91(27) of the Constitution Act, 1867
  3. 3 Whether provisions of the Code vest judicial functions reserved to s.96 courts

Ratio Decidendi

Majority held s.7 of The Saskatchewan Human Rights Code, insofar as it imposes requirements and creates penal consequences regarding arrest or detention in the context of criminal law, is in pith and substance criminal law and therefore inoperative as provincial legislation under s.91(27); accordingly a Board of Inquiry could not validly adjudicate complaints under s.7 that relate to arrests/detentions arising from criminal law enforcement by RCMP officers; appeal allowed.

Court Disposition

Appeal allowed (majority); section 7 held inoperative insofar as it applies to arrest or detention under the criminal law

Orders

  • Appeal allowed with costs to the appellants
  • Section 7 of The Saskatchewan Human Rights Code declared inoperative in relation to arrest or detention under the criminal law; Board of Inquiry proceedings cannot validly adjudicate such matters under s.7