The appellant municipality appealed a judgment invalidating a residence requirement imposed on permanent municipal employees and ordering the respondent’s reinstatement and damages.
A majority of the Court dismissed the appeal, holding that the requirement unjustifiably infringed the respondent’s right to privacy under s. 5 of the Quebec Charter, while one set of reasons also held that municipalities are subject to the Canadian Charter and that the requirement violated s. 7 liberty.
The Court held that the decision where to establish one’s home is a fundamentally personal choice protected from unjustified interference and that the municipality’s objectives were insufficient or disproportionate.
The respondent’s cross-appeal seeking additional interim damages was also dismissed because the damages were not properly quantified and the Court of Appeal committed no reversible procedural error.
