The appellant, a street flower vendor, was charged with exposing goods for sale without a licence contrary to a municipal by-law and with obstructing a peace officer after refusing to obey an order to move.
The by-law scheme permitted only owners or occupants of abutting property to apply for a sidewalk use licence.
The Supreme Court of Canada held that the enabling provincial legislation did not authorize the municipality to discriminate between free-standing street vendors and owner/occupant vendors, rendering the by-law ultra vires.
Consequently, the conviction for obstructing a peace officer was also set aside, as the officer had no authority to arrest the appellant for failing to comply with an order enforcing an invalid by-law.
