Goldwax v. Montréal (City of)

Goldwax v. Montréal (City of)
Collection
Supreme Court Judgments
Date
1984-12-12
Report
[1984] 2 SCR 525
Case number
17529
Judges
Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien; Lamer, Antonio; Wilson, Bertha
On appeal from
Quebec
Subjects
Constitutional law
Notes
SCC Case Information: 17529
Decision Content
Supreme Court of Canada
Goldwax v. Montréal (City of), [1984] 2 S.C.R. 525
Date: 1984-12-12
Risa Goldwax Appellant;
and
City of Montréal Respondent.
File No.: 17529.
1984: December 12.
Present: Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC
Constitutional law—Criminal law—Prostitution—Municipal by-law—Remaining in a public place for purposes of prostitution or approaching another person there for that purpose prohibited—Whether or not by-law ultra vires as invasion of federal criminal law powers—By‑law No. 5464 of the City of Montréal.
Westendorp v. The Queen, [1983] 1 S.C.R. 43, followed.
APPEAL from a judgment of the Quebec Court of Appeal, [1983] C.A. 342, 146 D.L.R. (3d) 460, 3 C.C.C. (3d) 542, reversing a judgment of the Superior Court, [1982] C.S. 87, 138 D.L.R. (3d) 612, 68 C.C.C. (2d) 548, 28 C.R. (3d) 207, quashing appellant’s conviction by the Municipal Court. Appeal allowed.
Michel Ferland, for the appellant.
Jean Rochette, for the respondent.
English version of the judgment of the Court delivered orally by
THE CHIEF JUSTICE—This case cannot be distinguished from Westendorp. Therefore, the appeal is allowed, the judgment of the Quebec Court of Appeal is set aside and the judgment at trial is restored, with costs throughout to appellant.
Judgment accordingly.
Solicitor for the appellant: Michel Ferland, Montréal.
Solicitors for the respondent: Péloquin, Allard & Lacroix, Montréal.