Donald Bisson

The appellant challenged the constitutionality and administrative validity of a Quebec regulatory provision respecting the colour of margarine.

The Supreme Court of Canada dismissed the appeal, holding that the provision falls within provincial jurisdiction over local trade, does not infringe freedom of expression under the Charter, and was clearly authorized by its enabling legislation.

The respondent Attorney General of Quebec brought a motion to strike portions of the appellant's record and factum.

The Attorney General argued that certain material filed by the appellant during the leave to appeal application constituted fresh evidence that was not before the lower courts, and that a new constitutional argument under s. 121 of the Constitution Act, 1867 was improperly raised.

The Supreme Court of Canada granted the motion in part.

The Court struck the material from the record, finding it did not meet the test for fresh evidence as there was no due diligence and the evidence was not determinative.

However, the Court declined to strike the s. 121 argument, holding that it was relevant to the stated constitutional questions and should be determined by the Court.