LAW 321 Lecture Notes - Lecture 8: Constitution Act, 1982, Fide, Section 33 Of The Canadian Charter Of Rights And Freedoms

• School: Ryerson University
• Department: Law and Business
• Course: LAW 321
• Professor: Peter Wilson

Document Summary

Discrimination in the hospitality and tourism sector: prohibitions against discrimination are founded solely in legislation, ref. Fact scenario 1 (before the charter and constitution) The appellant, who was black, entered a tavern owned and operated by the respondent in the city of. Montreal and asked to be served a glass of beer. The servants of the respondent refused him for the sole reason that they had been instructed not to serve coloured persons. the appellant brought an action for damages for the humiliation he suffered. The respondent alleged that in giving such instructions it was acting within its rights; that its business was a private enterprise for gain; and that in acting as it did, it was merely protecting its business interests. In dismissing the appeal of the appellant, the majority of the supreme court declared that: The general principle of the law of quebec is that of complete freedom of commerce.