Legal Update – Recent Court Decisions

Pacific National Investments v. City of Victoria
Supreme Court of Canada (2000)

• zoning is a legislative power and local government must be free to amend or alter their bylaws in the public interest
• local government council cannot bind themselves or a future council by contract to prevent council from exercising zoning or legislative powers
• recognition of the importance of local government elected officials as community representatives

“Municipal legislative powers are an integral part of governance that municipalities cannot give up. Municipal councils cannot fetter the discretion of successor councils to engage in the legislative process without undue influences.”

“Municipal governments are democratic institutions through which the people of a community embark upon and structure a life together.”

“Municipal governments are governments exercising powers delegated by the provincial legislatures, and they must be able to govern based on the best interests of their residents and based on conceptions of the public good.”