Draft:Chaput v. Romain
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| Chaput v. Romain | |
|---|---|
 | |
| Hearing: 1955-11-15 Judgment: 1955-11-15 | |
| Full case name | Supreme Court of Canada Chaput v. Romain, [1955] S.C.R. 834 |
| Citations | [1955] SCR 834 |
| Court membership | |
| Chief Justice | Patrick Kerwin |
| Puisne Justices | Robert Taschereau, Ivan Rand, Roy Kellock, James Wilfred Estey, Charles Holland Locke, John Robert Cartwright, Gerald Fauteux and Douglas Abbott. |
| Reasons given | |
Chaput v. Romain S.C.R. 834 (1955), was a case appealed to the Canadian Supreme Court.[1] The case was important in giving context to the Canadian constitution and the Bill of Rights. Chaput v. Romain helped define the scope of religious freedom in Canada.[2] The case is the first of three of significant Supreme Court Cases related to Jehovah’s Witnesses’ claims against Quebec authorities. The case is often compared to Saumur v. Quebec (City of) and Roncarelli v Duplessis.[3]
The Supreme court ruled that Chaput was entitled to $2000 dollars in damages and the appeal was allowed.[3][1][4]
Parties
[edit]Esymier Chaput was the Appellant (Plaintiff) and the Respondents (Defendants) were; Edmond Romain, Linden Young and Roger Chartrand.[1][4] Additionally, The Attorney General of Quebec and The Attorney General of Canada were listed as Intervenant.[1]
The Chief Justice was Patrick Kerwin.[1][5] The other eight Puisne Justices were; [1][2][4]
- Robert Taschereau,
- Ivan Rand,
- Roy Kellock,
- James Wilfred Estey,
- Charles Holland Locke,
- John Robert Cartwright,
- Gerald Fauteux and
- Douglas Abbott.
Background
[edit]In 1949, a group of Jehovah's Witnesses gathered at Chaput's house for a religious ceremony. Three provincial police entered and ordered everyone to leave and seized a Bible, hymn books and some religious pamphlets.[6][1][4]
Esymier Chaput first filed the case with the provincial trial court, the Court of Quebec for damages and the value of the seized articles.[4] This action was dismissed by the trial judge and by the Quebec Court of Appeal.[1][4]
"Acting on orders from their superior, the respondents, members of the provincial police, broke up an admittedly orderly religious meeting conducted by a minister of Jehovah's Witnesses in the appellant's house, seized a Bible, some hymn books and a number of booklets on religious subjects, and ordered those present to disperse. The entry and the seizure were made without a warrant. No charge was at any time laid against any of the participants including the appellant and the items seized were not returned."
— Supreme Court of Canada, Chaput v. Romain, [1955] S.C.R. 834
References
[edit]- ^ a b c d e f g h "Chaput v. Romain, 1955 CanLII 74 (SCC)". www.canlii.org. 1955-11-15. Archived from the original on 2023-06-05. Retrieved 2024-12-14.
- ^ a b "Chaput v. Romain Et Al". McGill Law Journal. Retrieved 2024-12-14.
- ^ a b "Canadian Wrongs: Jehovah's Witnesses before the Supreme Court of Canada · Canadian Law and Canadian Identity · Exhibits". exhibits.library.utoronto.ca. Retrieved 2024-12-15.
- ^ a b c d e f "Period III: 1950-1980". Paul-André Crépeau Centre for Private and Comparative Law. Retrieved 2024-12-14.
- ^ Canada, Supreme Court of (2001-01-01). "Supreme Court of Canada - Current and Former Chief Justices". www.scc-csc.ca. Retrieved 2024-12-15.
- ^ "Notable Case Law | W. Glen How & Associates LLP". www.wghow.ca. Retrieved 2024-12-15.