Dupond Case



Dupond Case

In a case testing the scope of provincial interest in the area of public order, the Supreme Court in 1978 ruled as valid a Montréal ordinance forbidding for 30 days any public assembly, parade or gathering, on the grounds that it was a matter, as in the Hodge Case, of local public order in the province, and therefore authorized by the Constitution Act, 1867 (s92). The legislative measures of the Dupond case were preventive and not punitive as the ordinance could be used where there were reasonable grounds to believe that the gatherings would cause a breakdown in public order. A majority of the judges held that fundamental liberties fall under the concurrent legislative jurisdiction of the 2 orders of government. The holding of assemblies, parades or riots in the public domain falls within either federal or provincial jurisdiction, depending on the aspect in question. Three judges dissented, stating that a provincial or municipal authority could not legislate so as to bolster the Criminal Code, which was what was essentially being done by the city of Montréal.