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 S.C.R. 43, followed.
APPEAL from a judgment of the Quebec Court of
Appeal, [1983] C.A. 342, 146
D.L.R. (3d) 460, 3 C.C.C. (3d) 542, reversing a judgment of the Superior Court,
[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.
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