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The Legacy of Roncarelli v. Duplessis, 1959–2009
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| Author/collaborator |
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| Title |
The Legacy of Roncarelli v. Duplessis, 1959–2009
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| Abstract |
Frank Roncarelli was a Montreal restaurant owner and a practicing Jehovah's Witness who, in the 1940s, furnished bail for over 375 Witness members arrested for contravening municipal by-laws for giving out copies of the religious group's magazine without the necessary permits. The Premier of the province, Maurice Duplessis, had Roncarelli's restaurant liquor license revoked in retaliation. Forced to sell his restaurant, Roncarelli sued Duplessis. At trial, the Court of Queen's Bench found in favour of Roncarelli, but the decision was overturned on appeal. In 1959, the Supreme Court of Canada reinstated the trial decision in favour of Roncarelli, pointing out that public officials are not above the rule of law. Roncarelli's legal counsel throughout the process were A.L. Stein and McGill University constitutional law professor Frank R. Scott. The author examines the impact of the Supreme Court decision, and more specifically the opinion of Justice Ivan Rand, on Canada's constitutional and administrative law.
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| Publication |
McGill Law Journal Revue de droit de McGill
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| Volume |
Vol. 55
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| Pages |
375-399
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| Date |
2010
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| Language |
en
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| URL | |
| Citation |
Cartier, Geneviève. “The Legacy of Roncarelli v. Duplessis, 1959–2009.” McGill Law Journal Revue de droit de McGill Vol. 55 (2010): 375–399. http://lawjournal.mcgill.ca/userfiles/other/902154-Cartier.pdf.
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