PUB2 101D2 Lecture 8: PUB2_101 - Class 8 - Oct 6

• School: McGill University
• Department: Public Law 2
• Course: PUB2 101D2
• Professor: Alexander Pless

Document Summary

Facts: roncarelli (r) was a private citizen and jehovah"s witness who bailed out other jehovah"s witnesses who had been detained for distributing pamphlets. Duplessis (d) was both the premier and attorney general of quebec who ordered r"s liquor licence revoked. Liquor commissioner revoked r"s licence on behalf of d. by statute, the. Commissioner was empowered to cancel permits at his discretion. At trial, the quebec court of queen"s bench found in favour of roncarelli, however it was overturned on appeal. Holding: finding for the appellant, ,123. 53 in damages awarded plus costs. It must be based on the weighing of considerations pertinent to the object of the administration of the act. No legislative act can give unlimited arbitrary power. Discretion must be used in good faith; unlimited arbitrary discretion would signal the end of rule of law and democracy. The commission has the right to grant and revoke liquor licences at its discretion.