Barbara McIsaac

The appellant was charged under a Calgary municipal by-law for being on a street for the purpose of prostitution.

She challenged the constitutional validity of the by-law, arguing it invaded the federal government's exclusive jurisdiction over criminal law.

The Supreme Court of Canada held that the by-law was ultra vires the province and the municipality, as its pith and substance was an attempt to control or punish prostitution rather than to regulate street use or public nuisance.

The appeal was allowed and the acquittal restored.

The respondent, an unmarried mother, voluntarily surrendered her child for adoption.

The day after the surrender was signed, the child was placed for adoption.

The respondent subsequently attempted to withdraw her consent.

The Supreme Court of Canada held that under s. 15(6) of The Child Welfare Act, the right to withdraw a voluntary surrender is conditional upon the child not having been placed for adoption.

Since the child had already been placed, the respondent was not entitled to the return of the child.

The appeal was allowed.