Basile v. Attorney General of Nova Scotia, (1984) 62 N.S.R.(2d) 410 (CA)

• Judge: Jones, Morrison and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 26, 1984
• Jurisdiction: Nova Scotia
• Citations: (1984), 62 N.S.R.(2d) 410 (CA)

Basile v. N.S. (A.G.) (1984), 62 N.S.R.(2d) 410 (CA);

    136 A.P.R. 410

MLB headnote and full text

Basile v. Attorney General of Nova Scotia

(S.C.A. 01184)

Indexed As: Basile v. Attorney General of Nova Scotia

Nova Scotia Supreme Court

Appeal Division

Jones, Morrison and Macdonald, JJ.A.

March 26, 1984.

Summary:

A Quebec resident, who was a book salesman, was refused a direct seller's license under the Direct Sellers' Licensing and Regulation Act, S.N.S. 1975, c. 9, s. 7, because he was not a permanent resident of Nova Scotia. He applied for a declaration that regulation 7 was ineffective, because it conflicted with s. 6(2) of the Canadian Charter of Rights and Freedoms.

The Nova Scotia Supreme Court, Trial Division, in a judgment reported in (1983), 59 N.S.R.(2d) 61; 125 A.P.R. 61, dismissed the application. The court held that although regulation 7 conflicted with s. 6(2), it was saved by both ss. 1 and 6(3)(a) of the Charter. The salesman appealed.

The Nova Scotia Supreme Court, Appeal Division, allowed the appeal and held that regulation 7 was of no force and effect, because it was contrary to s. 6 (2) of the Charter and was not saved by either ss. 1 or 6(3)(a).

Civil Rights - Topic 503

Mobility rights - Right to work in any province - Regulation 7 under the Direct Sellers' Licensing and Regulation Act, S.N.S. 1975, c. 9, required that a salesman be a permanent resident of Nova Scotia to obtain a license - The Nova Scotia Court of Appeal affirmed that regulation 7 contravened s. 6(2) of the Canadian Charter of Rights and Freedoms by denying the right to work in the province - See paragraph 9.

Civil Rights - Topic 8346

Canadian Charter of Rights and Freedoms - Application - Exceptions - Laws or practices of general application in province - Section 6(3)(a) - Regulation 7 under the Direct Sellers' Licensing and Regulation Act, S.N.S. 1975, c. 9, which required a salesman to be a permanent resident of Nova Scotia to be licensed, was held by the Nova Scotia Court of Appeal to contravene s. 6(2) of the Charter by denying the right to work in Nova Scotia - The court further held that regulation 7 was not saved by s. 6(3)(a) because it was not a law of general application, but a discriminatory law aimed at a particular group, i.e. nonresidents - See paragraphs 10 to 11.

Civil Rights - Topic 8348

Canadian Charter of Rights and Freedoms - Application - Exceptions - Reasonable limits prescribed by law - Section 1 - Regulation 7 under the Direct Sellers' Licensing and Regulation Act, S.N.S. 1975, c. 9, required a salesman to be a permanent resident of Nova Scotia to be licensed - The Nova Scotia Court of Appeal held that regulation 7 contravened s. 6(2) of the Charter by denying the right to work in Nova Scotia - The court further held that regulation 7 was not a reasonable limit prescribed by law under s. 1 of the Charter - See paragraph 14.

Cases Noticed:

Malartic Hygrade Gold Mines Ltd. v. The Queen (1983), 142 D.L.R.(3d) 512, refd to. [para. 5].

Re Skapinker and Law Society of Upper Canada (1983), 145 D.L.R.(3d) 502 (Ont. C.A.), folld. [para. 5].

Statutes Noticed:

Direct Sellers' Licensing and Regulation Act Regulations, reg. 7 [para. 2].

Authors and Works Noticed:

American Jurisprudence (2d), vol. 51, p. 41 [para. 12].

Counsel:

J. Walter Thompson, for the appellant;

Linda D. Garber, for the respondent.

This appeal was heard on January 11, 1984, before Jones, Morrison and Macdonald, JJ.A., of the Nova Scotia Supreme Court, Appeal Division.

On March 26, 1984, Jones, J.A., delivered the following judgment for the Court of Appeal.