R. v. Nault, (1983) 30 Sask.R. 35 (ProvCt)

• Judge: Boyce, J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 14, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 30 Sask.R. 35 (ProvCt)

R. v. Nault (1983), 30 Sask.R. 35 (ProvCt)

MLB headnote and full text

R. v. Nault

Indexed As: R. v. Nault

Saskatchewan Provincial Court

Boyce, J.

October 14, 1983.

Summary:

The accused operated a massage parlour. She was charged with operating a business without a license contrary to s. 2(a) of City of Regina Bylaw No. 6855. The accused challenged the validity of portions of the bylaw.

The Saskatchewan Provincial Court declared that the provisions of the bylaw pertaining to massage parlours were ultra vires and dismissed the information against the accused.

Municipal Law - Topic 1496

Powers of municipalities - Particular powers - Licensing and regulation of businesses - Massage parlours - The Urban Municipality Act, s. 277, provided that a city council had no power to award monopoly business rights - The City of Regina ByLaw No. 6855, s. 23, provided that no massage parlour operators would be licensed unless the operator belonged to the Masseurs Association of Saskatchewan - The Saskatchewan Provincial Court held that the provisions of the bylaw pertaining to massage parlours were ultra vires the city counsel by virtue of s. 227 of the Urban Municipality Act - See paragraphs 1 to 13.

Statutes Noticed:

City of Regina Bylaw No. 6855, sect. 2(a), sect. 23 [paras. 3 to 12].

Urban Municipality Act, R.S.S. 1978, c. U-10, sect. 165 [para. 3]; sect. 227 [paras. 7 to 12].

Counsel:

Raymond G. Tessier, for the City of Regina;

Gregory E. Murphy, for the accused, L. Nault.

This case was heard before Boyce, J., of the Saskatchewan Provincial Court, who delivered the following judgment on October 14, 1983: