Summary
40468
Chabad Lubavitch Youth Organization v. Ville de Mont-Tremblant
(Quebec) (Criminal) (By Leave)
Keywords
Constitutional law — Freedom of religion — Discrimination based on religion — Reasonable limits — Whether freedom of religion infringed by municipality’s refusal to amend its zoning bylaw to allow religious group to build its place of worship on land purchased by it — Whether authorizing Catholic church to continue holding religious ceremonies in spite of zoning constitutes discrimination based on religion — If any of rights under s. 2(a) or 15 of Charter is infringed, whether infringement is justified under s. 1 of Charter — Canadian Charter of Rights and Freedoms, ss. 1 and 2(a).
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant organization purchased a condominium unit in the respondent town. The condominium was in the TO 820 zone, in which the only permitted uses were [TRANSLATION] “H-1 single-family dwelling”, “H-2 two-family” and “C-8 accommodation businesses”, that is, tourist residences, bed and breakfasts or inns with a maximum of 12 rooms. The organization asked the town to amend the zoning to permit a place of worship. The municipal council refused to do so.
Despite the town’s refusal, the organization used the condominium as a place of worship. After the other residents complained, the town investigated the use of the condominium and found that the organization was using it as a place of worship, contrary to the zoning bylaw. It brought penal proceedings against the organization.
The organization admitted using the condominium as a place of worship but applied for a declaration that the zoning bylaw was inoperable because it infringed its right to freedom of religion. The application was dismissed by the Municipal Court of Ville de Mont-Tremblant, and the organization was found guilty of the offence. The Superior Court and the Court of Appeal dismissed the organization’s appeals.
Lower Court Rulings
Superior Court of Quebec
2019 QCCS 5238, 700-36-001304-178
Court of Appeal of Quebec (Montréal)
2022 QCCA 1331, 500-10-007246-190
- Date modified: