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R. v. Ellis-Don Ltd.

[1992] 1 SCR 840 Court SCC Decision date 1992-03-31 Docket 22297 English

PartiesHer Majesty The Queen Appellant·Ellis‑Don Limited and Rocco Morra Respondents·The Attorney General of Canada Interveners·the Attorney General of Quebec Interveners·the Attorney General of Manitoba Interveners·the Attorney General for Alberta Interveners·the Canadian Environmental Interveners·Law Association Interveners

Judges Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Stevenson, William; Iacobucci, Frank

Decision 8–1 Majority (8) · Lamer C.J. (1)

On appeal from Ontario

Subjects Constitutional law

Contents

Majority

The judgment of the Court was delivered orally by

Lamer C.J.

Lamer C.J. ‑‑ We are all of the view that this appeal must succeed. The existence of a restriction to s. 11(d) is governed by this Court's decision in R. v. Wholesale Travel Group Inc., [1991] 3 S.C.R. 154. The s. 1 analysis in Wholesale is applicable here, as there is no difference of substance between the nature of the legislation in that case and this one.
Accordingly the appeal is allowed and the case is remitted to the Court of Appeal for disposal of the other grounds of appeal raised below and not dealt with by the Court of Appeal.
Judgment accordingly.
Solicitor for the appellant: The Deputy Attorney General of Ontario, Toronto.
Solicitors for the respondents: Lerner & Associates, Toronto.
Solicitor for the intervener the Attorney General of Canada: John C. Tait, Ottawa.
Solicitors for the intervener the Attorney General of Quebec: Gilles Laporte and Monique Rousseau, Ste‑Foy.
Solicitor for the intervener the Attorney General of Manitoba: The Department of Justice, Winnipeg.
Solicitor for the intervener the Attorney General for Alberta: James C. Robb, Edmonton.
Solicitors for the intervener the Canadian Environmental Law Association: Gowling, Strathy & Henderson, Toronto; Barbara Rutherford, Toronto.

Cases cited

Statutes and regulations cited

  • Unresolved citations
    • s. 11(d)
    • s. 1