| Roncarelli v. Duplessis | |
|---|---|
 | |
| Hearing: June 2–6, 1958 Judgment: January 27, 1959 | |
| Full case name | Frank Roncarelli v. The Honourable Maurice Duplessis |
| Citations | [1959] S.C.R. 121 |
| Ruling | Trial judge correct, amount awarded at trial increased by $25,000. |
| Court membership | |
| Chief Justice: Patrick Kerwin Puisne Justices: Robert Taschereau, Ivan Rand, Charles Holland Locke, John Robert Cartwright, Gerald Fauteux, Douglas Abbott, Ronald Martland, Wilfred Judson | |
| Reasons given | |
| Majority | Martland J., joined by Locke J. |
| Concurrence | Kerwin C.J. |
| Concurrence | Rand J., joined by Judson J. |
| Concurrence | Abbott J. |
| Dissent | Taschereau J. |
| Dissent | Cartwright J. |
| Dissent | Fauteux J. |
Roncarelli v. Duplessis, [1959] S.C.R. 121,[1] was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs.[2]
A significant decision on civil liberties in the pre-Charter era, Roncarelli became known as one of the central cases in the constitutional theory later called the "Implied Bill of Rights."[3][4] Justice Morris Fish would describe it as "Canada's most important decision on the rule of law."[5]
- ^ Roncarelli v. Duplessis, 121 (Supreme Court of Canada 1959-01-27).
- ^ Scott, Stephen A. (7 February 2006). "Roncarelli v Duplessis". The Canadian Encyclopedia. Retrieved 21 April 2021.
- ^ Gibson, Dale (1966). "Constitutional Amendment and the Implied Bill of Rights" (PDF). McGill Law Journal. 12 (4): 497–501.
- ^ Adams, Eric M. (2009). The Idea of Constitutional Rights and the Transformation of Canadian Constitutional Law, 1930-1960 (PDF) (JD). University of Toronto.
- ^ Fish, Morris J. (2011). "The effect of alcohol on the Canadian Constitution...seriously" (PDF). McGill Law Journal. 57 (1): 189. Retrieved 19 March 2023.