Rio Hotel Ltd v New Brunswick (Liquor Licensing Board)
April 08, 2024
This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Find sources: "Rio Hotel Ltd v New Brunswick" Liquor Licensing Board – news · newspapers · books · scholar · JSTOR(October 2023)
Rio Hotel Ltd v New Brunswick (Liquor Licensing Board) [1987] 2 S.C.R. 59 is a leading Supreme Court of Canada decision on the Constitution's criminal law power. The Court held that, despite overlapping with valid federal law, the provincial law that restricted the amount of nudity in bars was constitutionally valid.
Rio Hotel Ltd v New Brunswick (Liquor Licensing Board)
The New Brunswick Liquor Control Act required that all liquor licences be accompanied by an entertainment licence that limited the degree of nudity allowed within the establishment. Rio Hotel decided to challenge the constitutionality of the law on the grounds that it related to public morality which is a matter of federal criminal law.
The issue before the Supreme Court was whether "a provincial prohibition of nude entertainment attached to a liquor licensing scheme operates notwithstanding the more general but related prohibitions contained in the Code". The unanimous Court held that it did.
Reasons of the courtedit
Chief Justice Dickson, writing for McIntyre, Wilson, and Le Dain, held that the law was valid. Dickson characterized the law as regulating entertainment as a means to boost alcohol sales. Presumptively this matter is both of a local nature and relating to property and civil rights. Though there are provisions within the Criminal Code dealing with nudity, they do not conflict with the provincial law.
Furthermore, the law did not possess any penal consequences required for all valid criminal law.
^SCC Case Information - Docket 19949 Supreme Court of Canada
April 08, 2024
hotel, brunswick, liquor, licensing, board, this, article, relies, largely, entirely, single, source, relevant, discussion, found, talk, page, please, help, improve, this, article, introducing, citations, additional, sources, find, sources, hotel, brunswick, l. This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources Rio Hotel Ltd v New Brunswick Liquor Licensing Board news newspapers books scholar JSTOR October 2023 Rio Hotel Ltd v New Brunswick Liquor Licensing Board 1987 2 S C R 59 is a leading Supreme Court of Canada decision on the Constitution s criminal law power The Court held that despite overlapping with valid federal law the provincial law that restricted the amount of nudity in bars was constitutionally valid Rio Hotel Ltd v New Brunswick Liquor Licensing Board Supreme Court of CanadaHearing 6 October 1986 Judgment 29 July 1987Full case nameRio Hotel Limited v Liquor Licensing Board established pursuant to the Liquor Control ActCitations 1987 2 S C R 59Docket No 19949 1 RulingRuling in favour of BoardHoldingA provincial licensing scheme may be valid even where overlap with federal matters Court membershipReasons givenMajorityDickson C J joined by McIntyre Wilson and Le Dain JJ ConcurrenceEstey J joined by Lamer J ConcurrenceBeetz J Chouinard and La Forest JJ took no part in the consideration or decision of the case Contents 1 Background 2 Reasons of the court 3 See also 4 External linksBackground editThe New Brunswick Liquor Control Act required that all liquor licences be accompanied by an entertainment licence that limited the degree of nudity allowed within the establishment Rio Hotel decided to challenge the constitutionality of the law on the grounds that it related to public morality which is a matter of federal criminal law The issue before the Supreme Court was whether a provincial prohibition of nude entertainment attached to a liquor licensing scheme operates notwithstanding the more general but related prohibitions contained in the Code The unanimous Court held that it did Reasons of the court editChief Justice Dickson writing for McIntyre Wilson and Le Dain held that the law was valid Dickson characterized the law as regulating entertainment as a means to boost alcohol sales Presumptively this matter is both of a local nature and relating to property and civil rights Though there are provisions within the Criminal Code dealing with nudity they do not conflict with the provincial law Furthermore the law did not possess any penal consequences required for all valid criminal law See also editList of Supreme Court of Canada cases Dickson Court External links editFull text of Supreme Court of Canada decision at LexUM and CanLII nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte SCC Case Information Docket 19949 Supreme Court of Canada Retrieved from https en wikipedia org w index php title Rio Hotel Ltd v New Brunswick Liquor Licensing Board amp oldid 1179485193, wikipedia, wiki, book, books, library,
