Canadian Constitutional Law #17: Provincial Regulation of Morality Monday, Jan 15 2007
1L and Canadian Constitutional Law and Constitutional Law and Erin Morgan and McGill Faculty of Law 10:02 pm
Nude dancing, prostitution and stamping out communism are just some of the issues the provinces have attempted to tackle. Since morality is considered a valid criminal purpose (see Margarine reference from episode 15 of the last term’s podcasts), and criminal law is a federal power, how have the courts interpreted provincial attempts to regulate moral issues under other provincial powers like property and civil rights or matters of a merely local/private nature?
Westendorp v the Queen (1983)
Reference Re Nova Scotia Board of Censors v McNeil (1978)
Rio Hotel Ltd v New Brunswick (Liquor licensing board) (1987)
Switzman v Elbling (1957)
Bedard v Dawson (1923)
Reference re Alberta Legislation (1938), aka Alberta Press Act Reference
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