Saumur v. The City of Quebec
Encyclopedia
Saumur v. The City of Quebec [1953] 2 S.C.R. 299 is a famous constitutional decision of the Supreme Court of Canada
which struck down a municipal by-law prohibiting the distribution of literature to the public.
Laurier Saumur (6 Feb. 1921 - 22 Mar. 2007) was born and raised Catholic, but grew disillusioned as a youth and studied the teachings of the Jehovah's Witnesses
. He was baptized as a Witness in 1944 and soon began to work as a door-to-door missionary for the Witnesses, first in Montreal
and then in Quebec City
. At the time, police harassment of Witnesses was widespread in Quebec, and Mr. Saumur had been arrested 103 times for distribution of Witness literature when he decided to challenge the legal basis for the arrests.
A group of Jehovah's Witnesses, along with Saumur, challenged a Quebec City
municipal by-law that prohibited the distribution of literature in the street without the proper authorization of the city's Chief of Police
on the basis that it was outside of the municipality's jurisdiction and that it had the effect of religious and political censorship. The case reached the Supreme Court in 1953.
In a 5 to 4 decision, the Court held that the subject matter of the law was in relation to
"speech" or "religion" which was both in the exclusive jurisdiction of the federal government to legislate on. The majority noted that the law had the effect that the chief of police would act in the role of a censor, deciding whether the literature was objectionable. The result, they observed, would be that unpopular groups such as the Jehovah's Witnesses would be censored.
The dissent focused on the purpose of the law, observing that it was intended to protect the public and keep the streets clean. They found no basis for Saumur's claim that it prevented the Jehovah's Witnesses from their religious practice.
This decision was subsequently used to dismiss more than 1000 cases against Witnesses in the Province of Quebec. It was one of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis
government of Quebec. Previous to this there was the case of R. v. Boucher
[1951] S.C.R. 265 that upheld the right to distribute pamphlets. Subsequent to Saumur was the case of Roncarelli v. Duplessis
[1959] S.C.R. 121 which punished Duplessis for revoking a Jehovah's Witness liquor license.
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...
which struck down a municipal by-law prohibiting the distribution of literature to the public.
Laurier Saumur (6 Feb. 1921 - 22 Mar. 2007) was born and raised Catholic, but grew disillusioned as a youth and studied the teachings of the Jehovah's Witnesses
Jehovah's Witnesses
Jehovah's Witnesses is a millenarian restorationist Christian denomination with nontrinitarian beliefs distinct from mainstream Christianity. The religion reports worldwide membership of over 7 million adherents involved in evangelism, convention attendance of over 12 million, and annual...
. He was baptized as a Witness in 1944 and soon began to work as a door-to-door missionary for the Witnesses, first in Montreal
Montreal
Montreal is a city in Canada. It is the largest city in the province of Quebec, the second-largest city in Canada and the seventh largest in North America...
and then in Quebec City
Quebec City
Quebec , also Québec, Quebec City or Québec City is the capital of the Canadian province of Quebec and is located within the Capitale-Nationale region. It is the second most populous city in Quebec after Montreal, which is about to the southwest...
. At the time, police harassment of Witnesses was widespread in Quebec, and Mr. Saumur had been arrested 103 times for distribution of Witness literature when he decided to challenge the legal basis for the arrests.
A group of Jehovah's Witnesses, along with Saumur, challenged a Quebec City
Quebec City
Quebec , also Québec, Quebec City or Québec City is the capital of the Canadian province of Quebec and is located within the Capitale-Nationale region. It is the second most populous city in Quebec after Montreal, which is about to the southwest...
municipal by-law that prohibited the distribution of literature in the street without the proper authorization of the city's Chief of Police
Chief of police
A Chief of Police is the title typically given to the top official in the chain of command of a police department, particularly in North America. Alternate titles for this position include Commissioner, Superintendent, and Chief constable...
on the basis that it was outside of the municipality's jurisdiction and that it had the effect of religious and political censorship. The case reached the Supreme Court in 1953.
In a 5 to 4 decision, the Court held that the subject matter of the law was in relation to
Pith and substance
Pith and substance is a legal doctrine in Canadian constitutional interpretation used to determine under which head of power a given piece of legislation falls...
"speech" or "religion" which was both in the exclusive jurisdiction of the federal government to legislate on. The majority noted that the law had the effect that the chief of police would act in the role of a censor, deciding whether the literature was objectionable. The result, they observed, would be that unpopular groups such as the Jehovah's Witnesses would be censored.
The dissent focused on the purpose of the law, observing that it was intended to protect the public and keep the streets clean. They found no basis for Saumur's claim that it prevented the Jehovah's Witnesses from their religious practice.
This decision was subsequently used to dismiss more than 1000 cases against Witnesses in the Province of Quebec. It was one of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis
Maurice Duplessis
Maurice Le Noblet Duplessis served as the 16th Premier of the Canadian province of Quebec from 1936 to 1939 and 1944 to 1959. A founder and leader of the highly conservative Union Nationale party, he rose to power after exposing the misconduct and patronage of Liberal Premier Louis-Alexandre...
government of Quebec. Previous to this there was the case of R. v. Boucher
R. v. Boucher
R. v. Boucher [1951] S.C.R. 265 is a famous Supreme Court of Canada decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest.-Background:...
[1951] S.C.R. 265 that upheld the right to distribute pamphlets. Subsequent to Saumur was the case of Roncarelli v. Duplessis
Roncarelli v. Duplessis
Roncarelli v. Duplessis, [1959] S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada where the Court held that Maurice Duplessis, the premier of Quebec, had overstepped his authority by revoking the liquor licence of a Jehovah's Witness...
[1959] S.C.R. 121 which punished Duplessis for revoking a Jehovah's Witness liquor license.