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Municipal by-law requiring licenses for adult entertainment parlours and entertainers upheld as valid exercise of statutory authority.
The appellant, operator of an adult entertainment parlour, appealed a decision upholding the validity of a municipal by-law requiring licenses for adult live entertainment parlours and their entertainers.
The appellant argued the by-law exceeded the municipality's statutory authority under the Municipal Act, 2001.
The Court of Appeal dismissed the appeal, finding the licensing provisions were a valid exercise of the municipality's general licensing powers regarding health, safety, and well-being, as well as its specific statutory business licensing authority.
Municipal by-law requiring only female topless entertainers to obtain licences found discriminatory on the basis of sex.
The applicant, an adult entertainment parlour operator, challenged the City of Brantford's by-law requiring operators and entertainers to obtain licences and pay fees.
The applicant argued the by-law was ultra vires, discriminatory on the basis of sex, and imposed excessive fees.
The court found the licensing provisions were within the municipality's authority under the Municipal Act, 2001, and the fees were not excessive.
However, the court held that the by-law's definition of 'partial nudity', which singled out the female breast, discriminated against female entertainers on the basis of sex contrary to the Human Rights Code.
The court declared that specific provision invalid but suspended the declaration for six months to allow the municipality to amend the by-law.
