Supreme Court of Canada

Goldwax v. Montréal (City of), [1984] 2 S.C.R. 525

Date: 1984-12-12

Risa Goldwax Appellant;

and

City of Montréal Respondent.

File No.: 17529.

1984: December 12.

Present: Dickson C.J. and Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC

Constitutional law—Criminal law—Prostitution—Municipal by-law—Remaining in a public place for purposes of prostitution or approaching another person there for that purpose prohibited—Whether or not by-law ultra vires as invasion of federal criminal law powers—By‑law No. 5464 of the City of Montréal.

Westendorp v. The Queen, 1983 1 (SCC), [1983] 1 S.C.R. 43, followed.

APPEAL from a judgment of the Quebec Court of Appeal, 1983 2959 (QC CA), [1983] C.A. 342, 146 D.L.R. (3d) 460, 3 C.C.C. (3d) 542, reversing a judgment of the Superior Court, 1981 2837 (QC CS), [1982] C.S. 87, 138 D.L.R. (3d) 612, 68 C.C.C. (2d) 548, 28 C.R. (3d) 207, quashing appellant’s conviction by the Municipal Court. Appeal allowed.

Michel Ferland, for the appellant.

Jean Rochette, for the respondent.

English version of the judgment of the Court delivered orally by

THE CHIEF JUSTICE—This case cannot be distinguished from Westendorp. Therefore, the appeal is allowed, the judgment of the Quebec Court of Appeal is set aside and the judgment at trial is restored, with costs throughout to appellant.

Judgment accordingly.

Solicitor for the appellant: Michel Ferland, Montréal.

Solicitors for the respondent: Péloquin, Allard & Lacroix, Montréal.