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About: Switzman v Elbling     Goto   Sponge   NotDistinct   Permalink

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Switzman v Elbling and A.G. of Quebec, [1957] SCR 285 is a Supreme Court of Canada decision in which the Court ruled that Quebec's Act to Protect the Province Against Communistic Propaganda, commonly known as the "Padlock Law", was ultra vires of the provincial legislature. The Court held that the Padlock Law was a statute respecting criminal law, which is the exclusive authority of the Parliament of Canada under the British North America Act, 1867. Rand, Kellock, and Abbott JJ further held that the law was ultra vires because it violated freedom of expression guaranteed under an implied bill of rights springing from the "democratic form of government established in Canada", but this view was not shared by the rest of the majority.