Switzman v. Elbling and A.G. of Quebec

Switzman v. Elbling and A.G. of Quebec

Majority held the Padlock Act (R.S.Q. 1941, c.52) is, in pith and substance, legislation in relation to criminal law and therefore ultra vires the Provincial Legislature; appeal allowed, judgments below set aside, action dismissed and statute declared ultra vires in toto.

Citation
[1957] SCR 285
Parties
Appellant (defendant): John Switzman; Respondent (plaintiff): Freda Elbling; Respondent (intervenant): Attorney-General of the Province of Quebec
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 March 1957
Procedural Posture
Constitutional Law Appeal (division of Powers) / Supreme Court of Canada on Appeal From Court of Queen's Bench (appeal Side)
Outcome
Appeal allowed; judgments below set aside; action dismissed; Padlock Act declared ultra vires of the Province of Quebec; intervention of Attorney-General dismissed
Legal Topics
Ultra Vires, Division of Powers, Padlock Act, Intervention of Attorney General, Justiciability, Severability
Source Language
English
Constitutional Law Criminal Law Property Law Civil Procedure Freedom of Expression Ultra Vires Division of Powers Padlock Act +3 more

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Parties

John Switzman

Appellant (defendant)

Freda Elbling

Respondent (plaintiff)

Attorney-General of the Province of Quebec

Respondent (intervenant)

Procedural Posture

Constitutional Law Appeal (division of Powers) / Supreme Court of Canada on Appeal From Court of Queen's Bench (appeal Side)

Legal Issues

  1. 1 Whether the Padlock Act (R.S.Q. 1941, c.52) is intra vires the Province or ultra vires as criminal law under s.91(27) BNA Act
  2. 2 Whether the Attorney-General's intervention under art.114 C.C.P. created a justiciable lis despite expiration of the lease
  3. 3 Whether ss.3 and 12 are severable or form a single legislative scheme

Ratio Decidendi

Majority held the Padlock Act (R.S.Q. 1941, c.52) is, in pith and substance, legislation in relation to criminal law and therefore ultra vires the Provincial Legislature; appeal allowed, judgments below set aside, action dismissed and statute declared ultra vires in toto.

Court Disposition

Appeal allowed; judgments below set aside; action dismissed; Padlock Act declared ultra vires of the Province of Quebec; intervention of Attorney-General dismissed

Orders

  • Appeal allowed
  • Judgments of Superior Court and Court of Queen's Bench set aside