29:
253:
Major rejected all of the
Charter arguments. First, he dismissed the section 2 argument because although voting is a form of expression that is protected under the Charter it does not however include voting in a referendum as it was a creation of a statute. Second, he dismissed the section 7 argument
218:
the power of the provincial government's authority as it was a matter under the federal criminal law power, and that it violated their right to freedom of expression under section 2(b) of the
Charter, their right to life, liberty, and security of person under section 7 of the Charter, and their right
241:
of both the legislation and the impugned provision. The purpose of section 16 of the Act was to prohibit VLTs in the town of
Winkler and to cancel all existing "siteholder agreements" for those with VLTs in their establishment. Based on the legislative debates, the section was used to give effect to
245:
The regulation of gaming and the allowance of local input both fall under section 92 of the
Constitution Act, 1867. Section 16, which cancels "siteholder agreements" concerns property and civil rights which is a provincial power under section 92(13) of the Constitution Act, 1867. The Act as a whole
254:
as it has been well established that economic interests are not protected by the
Charter and are not found within section 7. Lastly, he rejected the section 15 argument as the claimants failed to show that residence in a particular community or town is an "analogous ground" for discrimination.
249:
Major rejected the argument that the law was a "colourable" attempt to enact criminal law. The Act did not contain the penal consequences required for valid criminal law nor was there a criminal law purpose for the Act. The moral aspect to the law was only incidental to the regulatory scheme.
167:(VLTs) should be banned from individual communities, are constitutional. The Court held that the plebiscites were a valid exercises of the province's power to legislate on matters "of a local nature" under section 92(16) of the
242:
plebiscite that had already been held. The purpose of the Act as a whole was "to allow municipalities to express, by binding plebiscite, whether they wish VLTs to be permitted or prohibited within their communities."
180:
176:
172:
263:
229:
Justice Major, writing for a unanimous Court, held that the Act was a valid exercise of the provincial law-making power and it did not violate any section of the
Charter.
211:
contained a provision in section 16 which made the
Winkler plebiscite binding which resulted in the Winkler Inn, owned by the Siemens, to shut down its VLT facilities.
325:
54:
David Albert
Siemens, Eloisa Ester Siemens and Sie-Cor Properties Inc. o/a The Winkler Inn v The Attorney General of Manitoba and the Government of Manitoba
330:
335:
184:
340:
320:
350:
246:
gives power to the community to regulate VLTs consequently is considered a matter of a local nature under section 92(16).
345:
82:
289:
276:
164:
160:
34:
168:
302:
28:
203:
in which it was decided to ban VLTs from the community. In 1999, the province of
Manitoba passed the
284:
223:
207:(known as the "VLT Act") which allowed municipalities to hold binding plebiscites to ban VLTs. The
238:
98:
196:
117:
208:
237:
Major first considered the issue of whether section 16 was validly enacted. He examined the
105:
280:
133:
109:
314:
125:
113:
60:
215:
129:
200:
121:
171:, and that the plebiscite did not violate the rights of the VLT owners under
214:
The
Siemens challenged the VLT Act on the ground that section 16 was
163:
decision on whether provincial plebiscite, used to determine if
226:
rejected the claims which was upheld by the Court of Appeal.
264:
List of Supreme Court of Canada cases (McLachlin Court)
144:
139:
89:
77:
69:
59:
49:
42:
21:
219:to equality under section 15(1) of the Charter.
8:
81:Judgment for the Attorneys General in the
326:Canadian freedom of expression case law
295:
185:Canadian Charter of Rights and Freedoms
159:, 1 S.C.R. 6, 2003 SCC 3 is a leading
18:
7:
303:SCC Case Information - Docket 28416
14:
331:Section Fifteen Charter case law
27:
205:Gaming Control Local Option Act
336:Section Seven Charter case law
1:
341:Supreme Court of Canada cases
290:case summary from CLE society
321:Canadian federalism case law
16:Supreme Court of Canada case
367:
45:Judgment: January 30, 2003
43:Hearing: October 21, 2002
351:2003 in Canadian case law
94:
26:
83:Manitoba Court of Appeal
305:Supreme Court of Canada
277:Supreme Court of Canada
165:video lottery terminals
161:Supreme Court of Canada
156:Siemens v Manitoba (AG)
35:Supreme Court of Canada
22:Siemens v Manitoba (AG)
279:decision available at
169:Constitution Act, 1867
195:In 1998, the town of
233:Opinion of the court
145:Unanimous reasons by
199:held a non-binding
65:1 SCR 6, 2003 SCC 3
239:pith and substance
99:Beverley McLachlin
346:Winkler, Manitoba
197:Winkler, Manitoba
152:
151:
118:Michel Bastarache
358:
306:
300:
106:Charles Gonthier
103:Puisne Justices:
90:Court membership
31:
19:
366:
365:
361:
360:
359:
357:
356:
355:
311:
310:
309:
301:
297:
272:
260:
235:
193:
134:Marie Deschamps
110:Frank Iacobucci
101:
44:
38:
17:
12:
11:
5:
364:
362:
354:
353:
348:
343:
338:
333:
328:
323:
313:
312:
308:
307:
294:
293:
292:
287:
271:
270:External links
268:
267:
266:
259:
256:
234:
231:
192:
189:
150:
149:
146:
142:
141:
137:
136:
96:Chief Justice:
92:
91:
87:
86:
79:
75:
74:
71:
67:
66:
63:
57:
56:
51:
50:Full case name
47:
46:
40:
39:
32:
24:
23:
15:
13:
10:
9:
6:
4:
3:
2:
363:
352:
349:
347:
344:
342:
339:
337:
334:
332:
329:
327:
324:
322:
319:
318:
316:
304:
299:
296:
291:
288:
286:
282:
278:
275:Full text of
274:
273:
269:
265:
262:
261:
257:
255:
251:
247:
243:
240:
232:
230:
227:
225:
224:motions judge
220:
217:
212:
210:
206:
202:
198:
190:
188:
186:
182:
178:
174:
173:sections 2(b)
170:
166:
162:
158:
157:
147:
143:
140:Reasons given
138:
135:
131:
127:
126:Louise Arbour
123:
119:
115:
114:John C. Major
111:
107:
104:
100:
97:
93:
88:
84:
80:
78:Prior history
76:
72:
68:
64:
62:
58:
55:
52:
48:
41:
37:
36:
30:
25:
20:
298:
252:
248:
244:
236:
228:
221:
213:
204:
194:
155:
154:
153:
102:
95:
53:
33:
216:ultra vires
130:Louis LeBel
315:Categories
201:plebiscite
191:Background
122:Ian Binnie
70:Docket No.
61:Citations
258:See also
148:Major J.
209:VLT Act
183:of the
285:CanLII
73:28416
281:LexUM
181:15(1)
283:and
222:The
179:and
132:,
317::
187:.
175:,
128:,
124:,
120:,
116:,
112:,
108:,
177:7
85:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.