Hyperlawhypertext legal database Artell Developments Ltd. v. 677950 Ontario Ltd. [1993] 2 SCR 443

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Artell Developments Ltd. v. 677950 Ontario Ltd.

[1993] 2 SCR 443 Court SCC Decision date 1993-06-04 Docket 23116 English

PartiesArtell Developments Limited Appellant·677950 Ontario Limited, Paul Horvat Respondents·Wone Tone Financial Services Inc. Respondents·Gunther Holdings Ltd. Respondents·The Attorney General of Canada Intervener

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

Decision 8–1 Majority (8) · Iacobucci J. (1)

On appeal from Ontario

Subjects Constitutional law Criminal law

Contents

Majority

The judgment of the Court was delivered orally by

Iacobucci J.

Iacobucci J. ‑‑ We are all of the view that this appeal should be dismissed for substantially the reasons given by Blair J.A. in the Ontario Court of Appeal (1992), 93 D.L.R. (4th) 334. Taking all the circumstances of this case into account, we agree that the so‑called sharing of profits scheme came clearly within the provisions of s. 347 of the Criminal Code , R.S.C., 1985, c. C‑46 , and the appellant by entering into the agreement violated s. 347.
As to the constitutional question raised, namely:
Is s. 347 of the Criminal Code , R.S.C., 1985, c. C‑46 , ultra vires the Parliament of Canada in so far as it purports to regulate matters within the exclusive jurisdiction of the provinces pursuant to s. 92(13) of the Constitution Act, 1867 ?
We are all of the view that the answer is no.
Accordingly, the appeal is dismissed with costs.
Judgment accordingly.
Solicitors for the appellant: Gowling, Strathy & Henderson, Toronto.
Solicitors for the respondents: Bresver, Grossman, Scheininger & Davis, Toronto.
Solicitor for the intervener: The Attorney General of Canada, Ottawa.

Cases cited

  • 93 D.L.R. (4th) 334 93 D.L.R. (4th) 334

Statutes and regulations cited