Saumur v. The City of Quebec

SCCInfoBox
case-name=Saumur v. The City of Quebec
full-case-name=Laurier Saumur v. The City of Quebec
heard-date=December 9-12, 15-17, 1952
decided-date=October 6, 1953
citations= [1953] 2 S.C.R. 299
history=
ruling= Saumur appeal allowed
ratio=
SCC=
Majority=Kerwin J.
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Concurrence=Rand J.
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Concurrence2=Kellock J.
Concurrence3=Estey J.
Concurrence4=Locke J.
Dissent=Rinfret C.J.
JoinDissent=Taschereau J.
Dissent2=Cartwright J.
JoinDissent2=Fauteux J.
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"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 jursdiction 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.

External links

* [http://www.canlii.org/ca/cas/scc/1953/1953scc10002.html Full text of decision from canlii.org]
* [http://www.theglobeandmail.com/servlet/Page/document/v5/content/subscribe?user_URL=http://www.theglobeandmail.com%2Fservlet%2Fstory%2FLAC.20070505.OBSAMUR05%2FTPStory%2FObituaries%2F%3FpageRequested%3Dall&ord=9860461&brand=theglobeandmail&force_login=true Obituary of Laurier Saumur, Toronto Globe and Mail 5 May 2007]