Spraytech v Hudson, indexed as 114957 Canada Ltée (Spraytech, Société d'arrosage) v.
Hudson
Hudson may refer to:
People
* Hudson (given name)
* Hudson (surname)
* Henry Hudson, English explorer
* Hudson (footballer, born 1986), Hudson Fernando Tobias de Carvalho, Brazilian football right-back
* Hudson (footballer, born 1988), Hudso ...
(Town),
0012 S.C.R. 241; 2001 SCC 40 is a leading
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 ...
case on the ''
general welfare
In philosophy, economics, and political science, the common good (also commonwealth, general welfare, or public benefit) is either what is shared and beneficial for all or most members of a given community, or alternatively, what is achieved by c ...
'' powers of a municipality to regulate the conduct of businesses that impact the health and safety of residents.
Summary
The applicants, a lawn-care company, sought to overturn a municipal ban on
pesticide
Pesticides are substances that are meant to control pests. This includes herbicide, insecticide, nematicide, molluscicide, piscicide, avicide, rodenticide, bactericide, insect repellent, animal repellent, microbicide, fungicide, and lampri ...
use. They contended that the ban contravened or otherwise interfered with
Quebec's Pesticides Act and federal
Pest Control Products Act legislation, and sought a declaration that the municipality was ''
ultra vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed ...
'' its power. The Supreme Court ruled otherwise, as did the courts below. The appellants were taxed with costs.
uvic.ca: "
the constitutional implications of the hudson decision"
/ref>
See also
* CropLife v Toronto
References
{{reflist
Supreme Court of Canada cases
Canadian constitutional case law
2001 in Canadian case law
Environmental law in Canada
Local government in Canada
Local government in Quebec
Canadian biotechnology case law
Biotechnology in Canada