''Christie v York'' (1939),

940 Year 940 ( CMXL) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Europe * The tribe of the Polans begins the construction of the following fortified settlements (Gie ...

S.C.R. 139 is a famous decision of the

Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...

where the Court allowed private establishments to discriminate on the basis of

free enterprise In economics, a free market is an economic system in which the prices of goods and services are determined by supply and demand expressed by sellers and buyers. Such markets, as modeled, operate without the intervention of government or any ...

Background

Fred Christie was a black chauffeur in

Montreal Montreal ( ; officially Montréal, ) is the List of the largest municipalities in Canada by population, second-most populous city in Canada and List of towns in Quebec, most populous city in the Provinces and territories of Canada, Canadian ...

. On July 11, 1936, Christie and several friends went to watch a boxing match at the

Forum Forum or The Forum (plural forums or fora) may refer to: Common uses * Forum (legal), designated space for public expression in the United States *Forum (Roman), open public space within a Roman city **Roman Forum, most famous example *Internet ...

. Afterwards they went to a local tavern where the bartender refused to serve Christie on account of the bar's policy against blacks. Christie complained and called the police in protest but to little effect. Christie brought an action against the bar for $200. At trial, Christie was awarded costs and an additional $25. The judge found that section 33 of the Quebec License Act, which stated that "No licensee for a restaurant may refuse without reasonable cause, to give food to travelers", was violated by the bar's policy. On appeal, the Court of King's Bench found in favor of the bar on account that section 33 did not apply, rather, "a merchant or trader is free to carry on his business in the manner he conceives to be best for that business".

Opinion of the Court

In a 4 to 1 decision, the Court found that section 33 of the Quebec Licence Act did not apply and the bar was able to refuse service to whomever it chose. The Court noted that as a general rule a merchant can do business with whomever they may choose and has complete freedom of business. Reading the Act strictly, Christie was not a "traveller" and was not "seeking food". Moreover, the Court found no public policy reason to read the Act broadly. Thus, the Court could not do anything about the bar's practice. Justice Davis, alone in dissent, held that the spirit of section 33 is to prevent

arbitrary Arbitrariness is the quality of being "determined by chance, whim, or impulse, and not by necessity, reason, or principle". It is also used to refer to a choice made without any specific criterion or restraint. Arbitrary decisions are not necess ...

discrimination such as the current situation and should be interpreted as such.

Legacy

After the decision, Christie was thought to have moved to Vermont in disgust. In actuality, he and his family moved first to the Montreal neighbourhood of

Park Extension Park Extension (french: Links=no, Parc-Extension) is a neighbourhood in the city of Montréal, Québec. It is located in the borough of Villeray–Saint-Michel–Parc-Extension and has a population of 33,800 and an area of 1.6 km² (400 acres ...

, then southwards to

Saranac Lake Saranac Lake may refer to: * Saranac Lake, New York, a village in the northern Adirondacks *One of the three nearby Saranac Lakes, part of the Saranac River: **Upper Saranac Lake **Middle Saranac Lake **Lower Saranac Lake Note: There is no lake nam ...

, N.Y. His descendants still live in

Upstate New York Upstate New York is a geographic region consisting of the area of New York State that lies north and northwest of the New York City metropolitan area. Although the precise boundary is debated, Upstate New York excludes New York City and Long Is ...

References

External links

Judgement text on Human Rights Commission websiteBackground on Christie case
{{italic title Canadian civil rights case law Supreme Court of Canada cases 1939 in Canadian case law Supreme Court of Canada case articles without infoboxes Anti-discrimination law in Canada Racial segregation Race-related case law History of Montreal History of Black people in Canada Minority rights