Roncarelli v Duplessis- Administrative law Cases

Roncarelli v. Duplessis 1959

FACTS

Jehovah’s witnesses move into Quebec distributing pamphlets; municipalities have by-laws prohibiting this; many were imprisoned and fined; Roncarelli, a restaurant owner, bailed out 400 witnesses; Duplessis, angry, asked his friend at the liquor commission to revoke Roncarelli’s liquor license; the license was revoked and the commission stated he would never get another one; Roncarelli tried suing the judge, but couldn’t; so he sued Duplessis personally for $100 000.

ISSUE

Can the liquor commission revoke a license based solely on the premier’s recommendation? Was it a proper exercise of its discretion?

ANALYSIS

Purpose of revoking license: to punish for the appellant for a part he played and to warn others that they may equally be stripped from provincial “privileges”. Liquor commission has complete administration over liquor in Quebec. The decisions by the commission are to be made “at its discretion”, based upon a weighing of considerations pertinent to the object of the administration (with complete impartiality and integrity). Use of good faith is necessary. This case, the reasons for revocation were irrelevant to the functions of the commission. It seems to be a gross abuse of legal power. Duplessis’ act was an intrusion upon the functions of the statutory body. The injury was a fault engaging liability. If such decisions were regularly taken, there would be disintegration of the rule of law principle.

HOLDING

The liquor commission cannot revoke a license without weighing facts relevant to the commission’s activities.