Switzman v. Elbling
Encyclopedia
Switzman v. Elbing [1957] SCR 285 was a landmark Supreme Court of Canada
decision where the Court struck down Quebec's Padlock Law
.
Max Bailey, was a resident of a Park Avenue apartment in Montreal. In February 1948, Bailey, a former Montreal City Councillor and a Communist himself, wanted to assign his apartment to John Switzman, a prominent Marxist who wanted to turn the apartment into a local Communist hub. Freda Elbing, the landlord, tried to prevent Switzman from taking the apartment for fear of having her building appropriated by the province under the Padlock Law
. Failing that, she applied to the court to have the lease cancelled.
In his defence, Switzman challenged the Padlock Law as a violation of freedom of speech and as a law ultra vires
the power of the provincial government. At trial and on appeal, the courts found in favour of Elbing.
In an 8 to 1 decision, the Supreme Court found in favour of Switzman on both issues.
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 struck down Quebec's Padlock Law
Padlock Law
The Padlock Law The Padlock Law (officially called "Act to protect the Province Against Communistic Propaganda") The Padlock Law (officially called "Act to protect the Province Against Communistic Propaganda") (QcFr: "La loi du cadenas" / "Loi protégeant la province contre la propagande...
.
Max Bailey, was a resident of a Park Avenue apartment in Montreal. In February 1948, Bailey, a former Montreal City Councillor and a Communist himself, wanted to assign his apartment to John Switzman, a prominent Marxist who wanted to turn the apartment into a local Communist hub. Freda Elbing, the landlord, tried to prevent Switzman from taking the apartment for fear of having her building appropriated by the province under the Padlock Law
Padlock Law
The Padlock Law The Padlock Law (officially called "Act to protect the Province Against Communistic Propaganda") The Padlock Law (officially called "Act to protect the Province Against Communistic Propaganda") (QcFr: "La loi du cadenas" / "Loi protégeant la province contre la propagande...
. Failing that, she applied to the court to have the lease cancelled.
In his defence, Switzman challenged the Padlock Law as a violation of freedom of speech and as a law ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
the power of the provincial government. At trial and on appeal, the courts found in favour of Elbing.
In an 8 to 1 decision, the Supreme Court found in favour of Switzman on both issues.