''Lamb v Benoit'', 959SCR 321 was a legal case that was heard by 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 ...

. Lamb, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of ''Quebec's Burning Hate'', but the Supreme Court found no evidence of that specific pamphlet being distributed. Lamb was detained for a weekend without access to legal counsel. Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish

sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...

, but this was dismissed by a trial judge and that decision was upheld when appealed. Justice Abbott, a common law justice, concluded that the police officers had violated a Quebec statute through not acting in good faith. She was awarded $2,500 in damages. This was cited by Kent Roach, writing for the University of Toronto Law Journal, as an example that "courts were more generous in accessing damages than they are today under the Charter".

Background

Non-Catholic religious minorities were persecuted after World War II, particularly during the Duplessis era. Jehovah's Witnesses were considered to be a "seditious" and "subversive" religion. Through the

Padlock Act The ''Act to Protect the Province Against Communistic Propaganda'' (french: Loi protégeant la province contre la propagande communiste), commonly known as the "Padlock Law" or "Padlock Act" (french: La loi du cadenas), was a law in the province ...

and other legal measures, the activities of Jehovah's Witnesses were legally restricted. In 1947, Jehovah's Witnesses launched a preaching campaign condemning these restrictions and advocating the rights of religious minorities. The Legislative Assembly of Quebec responded to this campaign with increasing severity through the control of "subversive" materials. Individual municipalities also passed legislature restricting religious activities. Rabbi

Solomon Frank Solomon Frank (January 5, 1900October 21, 1982) was an American–Canadian Orthodox rabbi, speaker, and civic and community leader. He served as rabbinic leader of Shaarey Zedek Synagogue of Winnipeg, Canada, from 1926 to 1947, and spiritual l ...

, a founding member of the Canadian Jewish Congress (CJC), advocated for the religious freedom of Jehovah's Witnesses, criticizing Quebec's government of being "anti-democratic." In 1953, the case of ''

Saumur v Quebec (City of) {{italic title, all=yes, noerror''Saumur v Quebec (City of)'' 9532 S.C.R. 299 is a famous constitutional decision of the Supreme Court of Canada which struck down a municipal by-law prohibiting the distribution of literature to the public. Laurie ...

'' (1953) 25 CR 299 (in which a Jehovah's Witness challenged a Quebec City bylaw prohibiting public distribution of literature without a permit) left the question of religious freedom undecided as: "both Parliament and the provinces could validly limit freedom of worship providing they did so in the course of legislating on some other subject which lay within their respective powers." This decision was part of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis government of Quebec. Previous to this there was the case of ''

R. v. Boucher ''R v Boucher'' is a Supreme Court of Canada decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest. Background Aimé Boucher was a farmer in Beauce, Quebe ...

'' 951S.C.R. 265 that upheld the right to distribute pamphlets. Subsequent to ''Saumur'' was the case of '' Roncarelli v Duplessis'' 959S.C.R. 121. The court held that in 1946 Maurice Duplessis, both

Premier Premier is a title for the head of government in central governments, state governments and local governments of some countries. A second in command to a premier is designated as a deputy premier. A premier will normally be a head of governm ...

and

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs.

References

General references *{{cite book, last=Kaplan, first=William, author-link=William Kaplan, date=1989, publisher=University of Toronto Press, title=State and Salvation: The Jehovah's Witnesses and Their Fight For Civil Rights Canadian freedom of expression case law Supreme Court of Canada cases 1959 in Canadian case law Jehovah's Witnesses litigation Religion in Canada Canadian criminal case law Christianity and law in the 20th century Canadian freedom of religion case law

Background

See also

References