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Supreme Court of Canada

Constitutional law—Criminal law—Prostitution—Municipal by-law—Remaining in a public place for purposes of prostitution or approaching another person there for that purpose prohibited—Whether or not by-law ultra vires as invasion of federal criminal law powers—By‑law No. 5464 of the City of Montréal.

Westendorp v. The Queen, [1983] 1 S.C.R. 43, followed.

APPEAL from a judgment of the Quebec Court of Appeal, [1983] C.A. 342, 146 D.L.R. (3d) 460, 3 C.C.C. (3d) 542, reversing a judgment of the Superior Court, [1982] C.S. 87, 138 D.L.R. (3d) 612, 68 C.C.C. (2d) 548, 28 C.R. (3d) 207, quashing appellant’s conviction by the Municipal Court. Appeal allowed.

Michel Ferland, for the appellant.

Jean Rochette, for the respondent.

English version of the judgment of the Court delivered orally by

THE CHIEF JUSTICE—This case cannot be distinguished from Westendorp. Therefore, the appeal is allowed, the judgment of the Quebec Court of Appeal is set aside and the judgment at trial is restored, with costs throughout to appellant.

Judgment accordingly.

Solicitor for the appellant: Michel Ferland, Montréal.

Solicitors for the respondent: Péloquin, Allard & Lacroix, Montréal.

 

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