City of Montreal v. Beauvais

City of Montreal v. Beauvais

Provincial legislation authorizing municipal councils to fix closing hours for shops of specified classes is within provincial exclusive jurisdiction (s.92) as a matter of local or private interest and does not intrude on the federal trade and commerce power (s.91(2)); the by-law was enacted in good faith and was not so unreasonable or oppressive as to constitute an abuse of the delegated authority, and therefore is valid.

Citation
(1909) 42 SCR 211
Parties
Appellant; Defendant (at Trial): City of Montreal; Respondents; Plaintiffs (at Trial): Joseph P. Beauvais and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 May 1909
Procedural Posture
Appeal; Constitutional Law (division of Powers; Municipal by Law) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (on Appeal From Superior Court)
Outcome
Appeal allowed with costs; judgment of the Court of King's Bench reversed; municipal by-law upheld.
Legal Topics
Legislative Jurisdiction, Division of Powers, Regulation of Trade and Commerce, Validity of Municipal by Laws, Reasonableness and Ultra Vires Review
Source Language
English
Constitutional Law Municipal Law Administrative Law Legislative Jurisdiction Division of Powers Regulation of Trade and Commerce Validity of Municipal by Laws Reasonableness and Ultra Vires Review

Case Brief

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Parties

City of Montreal

Appellant; Defendant (at Trial)

Joseph P. Beauvais and Others

Respondents; Plaintiffs (at Trial)

Procedural Posture

Appeal; Constitutional Law (division of Powers; Municipal by Law) / Appeal to the Supreme Court of Canada From the Court of King's Bench, Province of Quebec (on Appeal From Superior Court)

Legal Issues

  1. 1 Whether provincial statutes (57 Vict. c.50 and 4 Edw. VII c.39) validly authorize municipalities to regulate shop closing hours
  2. 2 Whether the subject-matter falls within provincial powers under s.92 (municipal affairs; property and civil rights; local or private matters)
  3. 3 Whether the by-law intrudes on the federal trade and commerce power under s.91(2)

Ratio Decidendi

Provincial legislation authorizing municipal councils to fix closing hours for shops of specified classes is within provincial exclusive jurisdiction (s.92) as a matter of local or private interest and does not intrude on the federal trade and commerce power (s.91(2)); the by-law was enacted in good faith and was not so unreasonable or oppressive as to constitute an abuse of the delegated authority, and therefore is valid.

Court Disposition

Appeal allowed with costs; judgment of the Court of King's Bench reversed; municipal by-law upheld.

Orders

  • Appeal allowed with costs
  • Judgment of the Court of King's Bench (Q.R. 17 K.B. 420) reversed