Henry Birks & Sons (Montreal) Ltd. v. the City of Montreal
Encyclopedia
Henry Birks & Sons Ltd. v. the City of Montreal, [1955] S.C.R. 799 was an early constitutional decision of the Supreme Court of Canada
where the Court struck down a provincial law permitting municipalities to pass by-laws for the closing of stores on certain Catholic feast days. The Court held that the law was a matter of public morals and therefore fell within the exclusive criminal law powers of the federal government and so was ultra vires
the competence of the province. This case marked the first of a gradual shift in Canadian law away from non-secular laws.
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...
where the Court struck down a provincial law permitting municipalities to pass by-laws for the closing of stores on certain Catholic feast days. The Court held that the law was a matter of public morals and therefore fell within the exclusive criminal law powers of the federal government and so was 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 competence of the province. This case marked the first of a gradual shift in Canadian law away from non-secular laws.
See also
- List of Supreme Court of Canada cases (Richards Court through Fauteux Court)
- R. v. Big M Drug Mart
- R. v. Edwards Books and Art Ltd.R. v. Edwards Books and Art Ltd.R. v. Edwards Books and Art Ltd. [1986] 2 S.C.R. 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law...