| Attorney General Of Canada And Dupond V. City Of Montreal |
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The law was challenged as Ultra Vires the constitution as the law was claimed to be of a criminal law nature, a power exclusive to the federal government under section 91(27) of the Constitution Act, 1867, by preserving the peace and punishing disorderly conduct. However, City of Montreal cited '' Hodge V. The Queen '', claiming that it allowed for a municipality to preserve peace and repress disorderly conduct in the context of a valid provincial program. The Court agreed with the City and held in their favour. The Court held that the law was not criminal in nature as it was preventative and not punative. SEE ALSO |
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