Godbout v. Longueuil (City)

SCCInfoBox
case-name=Godbout v. Longueuil (City)
full-case-name=City of Longueuil v. Michèle Godbout
heard-date=May 28, 1997
decided-date=October 31, 1997
docket=24990
citations= [1997] 3 S.C.R. 844
ruling=For Godbout. Appeal and cross-appeal dismissed.
SCC=1992-1997
Majority= La Forest J. (paras. 15-111)
JoinMajority= L’Heureux-Dubé and McLachlin JJ.
Concurrence= Major J. (paras. 1-14)
JoinConcurrence=Lamer C.J. and Sopinka J.
Concurrence2=Cory J. (paras. 112-119)
JoinConcurrence2=Gonthier and Iacobucci J.
LawsApplied=Section 7 of the "Charter";Brasserie Labatt ltée v. Villa, [1995] R.J.Q. 73

"Godbout v. Longueuil (City)", [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".

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.

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 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 restrction. 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.

ee also

* List of Supreme Court of Canada cases

External links

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