Legal Update – Recent Court Decisions

114957 Canada Limited v. Town of Hudson
Supreme Court of Canada (2001)

• Supreme Court of Canada upholds the right of Town of Hudson, Quebec to regulate and prohibit the use of pesticides within the municipality
• court gives broad reading to local government jurisdiction and finds no conflict with either Federal or Provincial regulations

“The context of this appeal includes the realization that our common future, that of every Canadian community, depends on a healthy environment. In the words of the Superior Court Judge: ‘Twenty years ago there was very little concern over the effect of chemicals such as pesticides on the population. Today, we are more conscious of what type of an environment we wish to live in and what quality of life we wish to expose our children [to].’ This Court has recognized that ‘[e]veryone is aware that individually and collectively, we are responsible for preserving the natural environment …”

“The case arises in an era in which matters of governance are often examined through the lens of the principle of subsidiary. This is the proposition that law-making and implementation are often best achieved at a level of government that is not only effective, but also closest to the citizens affected and thus most responsive to their needs, to local distinctiveness, and to population diversity.”

“A true and outright conflict can only be said to arise when one enactment compels what the other forbids.’ … ‘A finding that a municipal bylaw is inconsistent with a Provincial statute (or a Provincial statute with a Federal statute) requires, first, that they both deal with similar subject matters, and second, that obeying one necessarily means disobeying the other.”

“As a general principle, the mere existence of Provincial (or Federal) legislation in a given field does not oust municipal prerogatives to regulate the subject matter.”