Law 1.1

1: THE RULE OF LAW IN THE CANADIAN CONSTITUTION

1.1 Roncarelli v. DuplessisSupreme Court of Canada, [1959] S.C.R. 121The case revolves around the appellant, proprietor of a well-established Montreal restaurant that had held a liquor license for 34 years. In December 1946, while his application for renewal was being processed, the Liquor Commission canceled his license, stating that no future licenses would be issued to him. The appellant was a member of the Jehovah's Witnesses, whose religious activities stirred controversy and conflict with the Roman Catholic community in Quebec, eliciting harsh governmental reactions, including large-scale arrests under local laws. Despite fulfilling his duty by providing bail for many falsely accused Witnesses, the government targeted him for his association with the group.

Background and Context

• The Jehovah's Witnesses’ activities incited violent reactions from local authorities and the community.

• Authorities arrested individuals selling Witnesses’ literature and imposed fines, resulting in a significant number of legal battles.

• The appellant secured bail for many accused until the practice changed to requiring cash bail, leading to his disassociation from providing bail.

• The conversation between liquor commission officials and the Attorney General indicated a coordinated effort to suppress the Witnesses and punish the appellant through the revocation of his license.

Legal and Judicial Considerations

• The central issue raised in the case relates to the legal limits of executive power in relation to administrative decisions.

• The Liquor License revocation was seen as a direct punishment for the appellant’s association with a religious group, raising questions about the governing statutes meant to provide impartial regulation.

• The judgment underscored that revoking a license cannot stem from irrelevant personal beliefs or actions unrelated to liquor regulation.