Georges Emery

The appellants, members of the Commission de police du Québec, conducted an inquiry and submitted a report censuring the respondent's conduct.

The respondent sued for exemplary damages, alleging the appellants acted without jurisdiction and breached natural justice by failing to give him an opportunity to be heard.

The appellants moved to dismiss the action, claiming absolute immunity under the Police Act and the Act respecting public inquiry commissions.

The Supreme Court of Canada held that the commissioners enjoy the same absolute immunity as superior court judges for acts done in the execution of their duty, which includes holding an inquiry and submitting a report.

The appeal was allowed and the action for damages dismissed.

The Attorney General of Quebec appealed a decision declaring provisions of the Act respecting municipal taxation unconstitutional.

The impugned provisions created a new system of school financing based on government grants, making taxation a complementary method subject to a referendum requirement for amounts exceeding a certain limit.

The Supreme Court of Canada held that the provisions prejudicially affected the rights and privileges respecting denominational schools guaranteed by section 93 of the Constitution Act, 1867.

Specifically, the legislation failed to ensure proportional distribution of grants and subjected the taxing power of denominational school boards to the approval of electors outside their districts.

The appeal was dismissed and the provisions were declared ultra vires.