Alcoholism Foundation of Manitoba et al. v. Winnipeg (City), (1990) 65 Man.R.(2d) 81 (CA)

• Judge: Monnin, C.J.M., Twaddle, and Lyon, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: November 14, 1989
• Jurisdiction: Manitoba
• Citations: (1990), 65 Man.R.(2d) 81 (CA)

Alcoholism Fdn. v. Winnipeg (1990), 65 Man.R.(2d) 81 (CA)

MLB headnote and full text

Canadian Mental Health Association, Winnipeg Region Inc., The John Howard Society of Manitoba Inc., The Elizabeth Fry Society of Manitoba Inc., The Manitoba League of the Physically Handicapped Inc., Winnserv Inc., Age and Opportunity Centre Inc. and Alcoholism Foundation of Manitoba (applicants/appellants) v. The City of Winnipeg (respondent/respondent)

(Suit Nos. 48/89; 50/89)

Indexed As: Alcoholism Foundation of Manitoba et al. v. Winnipeg (City)

Manitoba Court of Appeal

Monnin, C.J.M., Twaddle, and Lyon, JJ.A.

April 24, 1990.

Summary:

Five Winnipeg zoning bylaws redefined semi-institutional homes and regulated land use by semi-institutional homes. The owners of group homes for the aged, the convalescent, the handicapped, drug and alcohol addicts, penal inmates and discharged penal inmates applied to quash the bylaws on the grounds that they were unreasonable and offended ss. 2(d), 7 and 15 of the Charter and were not justified under s. 1 of the Charter.

The Manitoba Court of Queen's Bench, in a decision reported in 59 Man.R.(2d) 83, held that the bylaws were valid, but held that the word "aged" in the bylaws was void for uncertainty and ordered that the word be struck out and severed from the five bylaws. The owners of the group homes appealed. The city cross-appealed that portion of the judgment that declared void for uncertainty the word "aged".

The Manitoba Court of Appeal allowed the appeal, granted a declaration that portions of the bylaws were inoperative and of no force and effect as being contrary to s. 15 of the Charter, and granted a declaration that the bylaws were discriminatory. The court allowed the city's cross-appeal.

Civil Rights - Topic 908

Discrimination - Nondiscriminatory laws - The Manitoba Court of Appeal held that five Winnipeg bylaws redefining group homes and regulating land use by group homes were discriminatory and contrary to s. 15 of the Charter - Monnin, C.J.M., stated "what we have in this case is unjustified, differential treatment of disadvantaged people or groups of people" - He stated that the individuals living in the group homes constituted disadvantaged groups entitled to the protection of s. 15 and were discriminated against - He found the bylaws' wording constituted "people" zoning - Twaddle, J.A., stated that the bylaws were discriminatory since they regulated land use by reference to the attributes of the people who would use them - See paragraphs 36 to 48, 65.

Civil Rights - Topic 1506

Property - Charter - Application of - [See Municipal Law - Topic 3855 ].

Civil Rights - Topic 2204

Freedom of association - Denial of right of - What constitutes - [See Municipal Law - Topic 3855 ].

Civil Rights - Topic 5504

Equality and protection of the law - Scope of right - Monnin, C.J.M., of the Manitoba Court of Appeal stated that s. 15(1) of the Charter provides protection for groups in Canadian society which are disadvantaged in the social, political, legal, penal and rehabilitative sense - See paragraph 39.

Civil Rights - Topic 5513

Equality and protection of the law - Charter, s. 15 - "Individual" defined - Monnin, C.J.M., of the Manitoba Court of Appeal opined that s. 15 rights belong to individuals, not to groups or associations representing individuals - See paragraph 18.

Civil Rights - Topic 5660.8

Equality and protection of the law - Land use control - [See Civil Rights - Topic 908 ].

Civil Rights - Topic 8586

Charter - Practice - Method of raising Charter issues - Monnin, C.J.M., of the Manitoba Court of Appeal noted that to obtain relief under the Charter one must ask for declaratory relief - See paragraph 5.

Municipal Law - Topic 3728

Bylaws - Construction or interpretation - Ordinary meaning of words - Monnin, C.J.M., of the Manitoba Court of Appeal stated that unless something special arises, the plain and ordinary meaning of an English word should be applied in explaining or understanding legislation or a bylaw - See paragraph 29.

Municipal Law - Topic 3846

Bylaws - Quashing bylaws - Grounds - Discrimination - [See Civil Rights - Topic 908 ].

Municipal Law - Topic 3848

Bylaws - Quashing bylaws - Grounds - Uncertainty or vagueness - Five Winnipeg bylaws redefined group homes and regulated land use by group homes - They included group homes for convalescents, the handicapped, drug and alcohol addicts, penal inmates and discharged penal inmates and the aged - The Manitoba Court of Appeal (per Monnin, C.J.M. and Lyon, J.A.), held that although the terms "aged", "convalescent" and "penal inmates" in the bylaws were not defined, they were not void for uncertainty - Twaddle, J.A., found it unnecessary to deal with this issue - See paragraphs 28 to 34, 69, 72.

Municipal Law - Topic 3853

Bylaws - Quashing bylaws - Grounds - Unauthorized by empowering statutes - Monnin, C.J.M., of the Manitoba Court of Appeal noted that under the Winnipeg City Charter, a Winnipeg bylaw could only be quashed for want of jurisdiction or bad faith on the part of council - It could not be quashed, set aside or declared invalid or void on account of unreasonableness or alleged unreasonableness - See paragraphs 4, 30.

Municipal Law - Topic 3855

Bylaws - Quashing bylaws - Grounds - Abuse of powers - Unreasonable, unfair or oppressive - Offending Charter rights - The Manitoba Court of Appeal affirmed that five Winnipeg zoning bylaws redefining group homes and regulating land use by group homes did not offend ss. 2(d) and 7 of the Charter - The court stated that the rights to freedom of association and life, liberty and security of the person were not issues in this case - See paragraph 35.

Municipal Law - Topic 3860

Bylaws - Quashing bylaws - Grounds - Unauthorized by empowering statutes - [See Municipal Law - Topic 3853 ].

Statutes - Topic 516

Interpretation - Ordinary meaning of words - [See Municipal Law - Topic 3728 ].

Cases Noticed:

Andrews v. Law Society of British Columbia, [1989] 1 S.C.R. 143; 91 N.R. 255, appld. [paras. 11, 56].

Reference Re Sections 32 and 34 of the Workers' Compensation Act (Nfld.), [1989] 1 S.C.R. 922; 96 N.R. 227; 76 Nfld. & P.E.I.R. 181; 235 A.P.R. 181, appld. [para. 11].

R. v. Turpin, Siddiqui and Claudzel, [1989] 1 S.C.R. 1296; 96 N.R. 115; 34 O.A.C. 115, appld. [para. 11].

United States v. Carolene Products Co. (1938), 304 U.S. 144, refd to. [para. 44].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1 [paras. 14, 46, 48]; sect. 2(d), sect. 7 [paras. 3, 7, 35]; sect. 15 [paras. 3, 7, 18, 36-48, 50, 53-54].

City of Winnipeg Act, S.M. 1971, c. 105, sect. 119 [paras. 1, 4, 7, 30, 34]; sect. 120 [paras. 1, 7, 30, 34]; sect. 126 [para. 33]; sect. 598(1)(a), sect. 598(1)(p) [para. 32].

City of Winnipeg Bylaws, Bylaws 4440/86, generally [paras. 9-10, 21-22, 49, 57]; sect. 2 [paras. 58, 60]; sect. 6(1) [para. 59].

Human Rights Code, generally [para. 16].

Social Services Administration Act, R.S.M. 1987, c. S-165; C.C.S.M., c. S-165, generally [para. 15].

Authors and Works Noticed:

Mukuchl, Stanley M., Discrimination and Municipal Bylaws, Canadian Institute for the Administration of Justice (1989) [para. 62].

Counsel:

Y.M. Henteleff, Q.C., and A. Peltz, for C.M.H.A. et al.;

W.G. Ryall, for Alcoholism Foundation;

M.S. Samphir and M.E. Cavett, for City of Winnipeg.

These appeals were heard before Monnin, C.J.M., Twaddle and Lyon, JJ.A., of the Manitoba Court of Appeal on November 14, 1989. The decision of the Court of Appeal was delivered on April 24, 1990, when the following opinions were filed:

Monnin, C.J.M. - see paragraphs 1 to 55;

Twaddle, J.A. - see paragraphs 56 to 70;

Lyon, J.A. - see paragraphs 71 to 72.