Christie v. The York Corporation (1940)
- Despite a societal shift towards the introduction of anti-discrimination policies in the 1930s, there remained a point of contention, especially for the rights of merchants in how they operate their businesses (also known as the "freedom of commerce principle).
- This was proven in the Supreme Court of Canada's Christie v. York decision, which ruled in favour of a merchant's rights in refusing entry of a black male into a Montreal Tavern.
- In 1936, Fred Christie, along with his two friends, entered Montreal Forum's York Tavern for a drink but the waiter informed the group that due to new management, Fred Christie was not welcome in the bar any longer.
- After Christie refused to leave, the police escorted the group from the premises and Christie sued the Tavern.
- However, the Supreme Court of Canada ultimately ruled in favour of the merchant's rights to choose rather than Christie's right to be served (equal treatment).
Citation
Christie v. The York Corporation [1940] S.C.R. 139, 1939. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/8489/index.do
Further Readings
For more background on this Supreme Court Decision and its racial implication/legacy: https://www.thecanadianencyclopedia.ca/en/article/fred-christie-case & https://exhibits.library.utoronto.ca/items/show/2715 & https://historyofrights.ca/encyclopaedia/main-events/1936-christie-case-supreme-court-of-canada/
Overlapping Topics
Federal Government Affairs
Policy Sub-Topic
Policy Type
Supreme Court Case