Godbout v. Longueuil (City)
Encyclopedia
Godbout v. Longueuil, [1997] 3 S.C.R. 844 is a leading Supreme Court of Canada
decision where the Court found that the city of Longueuil
that required all permanent employees to reside within the municipality was in violation of the Quebec Charter of Human Rights and Freedoms
and the Canadian Charter of Rights and Freedoms
.
Before the Superior Court of Quebec, the parties argued primarily as to whether the Quebec Charter of Human Rights and Freedoms
and the Canadian Charter of Rights and Freedoms
. Judge Turmel ruled that because the employment contract constituted a matter of private law
between an employer (here the city of Longueuil) and an employee, neither charters applied, in so far as such rights as granted by the charters can, under civil law
be willingly waived by contract.
La Forest began by considering the question of whether the Canadian Charter applied to municipalities. He found that it did as they were government entities. He noted that municipalities were run by elected officials and were accountable to the public, they had the power to collect taxes, and they had the power to make laws which they derived from the provincial government. In addressing the municipality's argument that the residency requirement was merely a private employment contract and not a governmental function, La Forest J. found that once a body is labeled governmental, that body cannot use colourable devices or organize activities to avoid Charter responsibility.
La Forest considered the validity of the law under section 7
of the Canadian Charter. He identified section 7 as protecting personal autonomy which includes the choice of selecting one's home. At no time did Godbout waive that right, even in signing the employment contract that contained the residency restriction. He further found that the restriction did not conform to the principles of fundamental justice as there was no compelling reason to have such a restriction.
Finally, La Forest found that the selection of a places of residence was within the meaning of "private life" which is protected under section 5 of the Quebec Charter.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court found that the city of Longueuil
Longueuil
Longueuil is a city in the province of Quebec, Canada. It is the seat of the Montérégie administrative region and sits on the south shore of the Saint Lawrence River directly across from Montreal. The population as of the Canada 2006 Census totaled 229,330, making it the third largest city in...
that required all permanent employees to reside within the municipality was in violation of the Quebec Charter of Human Rights and Freedoms
Quebec Charter of Human Rights and Freedoms
The Charter of Human Rights and Freedoms is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975...
and the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
Background
Michèle Godbout was hired as a dispatcher for the Longueuil police force. As part of her employment she was required to sign a declaration that she would reside within the city and if she were to move outside of the city her employment would be terminated without notice. Initially she had lived within the city but soon bought a house in the nearby town of Chambly. When she refused to move back in she was fired.Before the Superior Court of Quebec, the parties argued primarily as to whether the Quebec Charter of Human Rights and Freedoms
Quebec Charter of Human Rights and Freedoms
The Charter of Human Rights and Freedoms is a statutory bill of rights and human rights code passed by the National Assembly of Quebec on June 27, 1975...
and the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. Judge Turmel ruled that because the employment contract constituted a matter of private law
Private law
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems...
between an employer (here the city of Longueuil) and an employee, neither charters applied, in so far as such rights as granted by the charters can, under civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
be willingly waived by contract.
Reasons of the court
Justice La Forest, writing for the Court, held that the restriction on residency was unconstitutional.La Forest began by considering the question of whether the Canadian Charter applied to municipalities. He found that it did as they were government entities. He noted that municipalities were run by elected officials and were accountable to the public, they had the power to collect taxes, and they had the power to make laws which they derived from the provincial government. In addressing the municipality's argument that the residency requirement was merely a private employment contract and not a governmental function, La Forest J. found that once a body is labeled governmental, that body cannot use colourable devices or organize activities to avoid Charter responsibility.
La Forest considered the validity of the law under section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
of the Canadian Charter. He identified section 7 as protecting personal autonomy which includes the choice of selecting one's home. At no time did Godbout waive that right, even in signing the employment contract that contained the residency restriction. He further found that the restriction did not conform to the principles of fundamental justice as there was no compelling reason to have such a restriction.
Finally, La Forest found that the selection of a places of residence was within the meaning of "private life" which is protected under section 5 of the Quebec Charter.