The appellants, Roman Catholics, were convicted under s. 172(3) of the Criminal Code for wilfully disturbing the order or solemnity of a religious meeting.
They had knelt to receive communion in defiance of a diocesan directive requiring parishioners to stand.
The Supreme Court of Canada allowed the appeal and quashed the convictions.
The Court held that while s. 172(3) is valid federal criminal legislation, the appellants' brief, passive, and peaceful conduct did not constitute a disturbance within the meaning of the section, which requires conduct that is disorderly in itself or productive of disorder.
