Saumur v Quebec (City of) [1953] 2 S.C.R. 299 is a famous constitutional decision of the Supreme Court of Canada which struck down a municipal by-law prohibiting the distribution of literature to the public.
Laurier Saumur (6 Feb. 1921–22 Mar. 2007) was born and raised Catholic, but grew disillusioned as a youth and studied the teachings of the Jehovah's Witnesses. He was baptized as a Witness in 1944 and soon began to work as a door-to-door missionary for the Witnesses, first in Montreal and then in Quebec City. At the time, police harassment of Witnesses was widespread in Quebec, and Mr. Saumur had been arrested 103 times for distribution of Witness literature when he decided to challenge the legal basis for the arrests.
A group of Jehovah's Witnesses, along with Saumur, challenged a Quebec City municipal by-law that prohibited the distribution of literature in the street without the proper authorization of the city's Chief of Police on the basis that it was outside of the municipality's jurisdiction and that it had the effect of religious and political censorship. The case reached the Supreme Court in 1953.
In a 5 to 4 decision, the Court held that the subject matter of the law was in relation to "speech" or "religion" which were both in the exclusive legislative jurisdiction of the federal government. The majority noted that the law had the effect that the chief of police would act in the role of a censor, deciding whether certain literature was objectionable. The result, they observed, would be that unpopular groups such as the Jehovah's Witnesses would be censored.
The dissent focused on the purpose of the law, observing that it was intended to protect the public and keep the streets clean. They found no basis for Saumur's claim that it prevented the Jehovah's Witnesses from their religious practice.
This decision was subsequently used to dismiss more than 1000 cases against Witnesses in the Province of Quebec. It was one of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis government of Quebec. Previous to this there was the case of R. v. Boucher [1951] S.C.R. 265 according to which mere criticism of the government does not constitute seditious libel. Subsequent to Saumur was the case of Roncarelli v. Duplessis [1959] S.C.R. 121 which punished Duplessis for revoking a Jehovah's Witness liquor license.
Numerous cases involving Jehovah's Witnesses have been heard by Supreme Courts throughout the world. The cases revolve around three main subjects:
The Act to Protect the Province Against Communistic Propaganda, commonly known as the "Padlock Law" or "Padlock Act", was a law in the province of Quebec, Canada that allowed the Attorney General of Quebec to close off access to property suspected of being used to propagate or disseminate communist propaganda. The law was introduced by the Union Nationale government of Maurice Duplessis and made it illegal to "use [a house] or allow any person to make use of it to propagate Communism or Bolshevism by any means whatsoever". This included printing, publishing or distributing of "any newspaper, periodical, pamphlet, circular, document or writing, propagating Communism or Bolshevism". Violations of the Act subjected such property to closure by the Attorney General, including the locking of access doors with padlocks, against any use whatsoever for a period of up to one year and any person found guilty of involvement in prohibited media activities could be incarcerated for three to thirteen months.
The beliefs and practices of Jehovah's Witnesses have engendered controversy throughout their history. Consequently, the denomination has been opposed by local governments, communities, and religious groups. Many Christian denominations consider the interpretations and doctrines of Jehovah's Witnesses heretical, and some professors of religion have classified the denomination as a cult.
Roncarelli v. Duplessis, [1959] S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli was a thorn in the side of the Duplessis government, providing bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.53 in damages plus Roncarelli's court costs.
Westendorp v R, [1983] 1 S.C.R. 43 was a decision of the Supreme Court of Canada on the scope of the federal Parliament's criminal law power under section 91(27) of the Constitution Act, 1867. A unanimous Court found that a municipal by-law that prohibited standing in the street for the purpose of prostitution was in the nature of a criminal law prohibition and therefore ultra vires of the provincial constitutional authority. The decision surprised many legal scholars who considered it to be inconsistent with previous Supreme Court cases where provincial laws of a moral nature were upheld under the provincial power. This was also the first case where the Canadian Charter of Rights and Freedoms was cited in argument to the Supreme Court, although the Charter argument was ultimately abandoned during the hearing.
Schneider v. State of New Jersey, 308 U.S. 147 (1939), was a United States Supreme Court decision that combined four similar appeals, each of which presented the question whether regulations embodied in municipal ordinances abridged the First Amendment rights of freedom of speech and of the press secured against state invasion by the Fourteenth Amendment of the Constitution.
Martin v. Struthers, 319 U.S. 141 (1943), is a United States Supreme Court case in which the Court held that a law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah's Witness, specifically their freedom of speech. The ruling was 5-4 and deemed trespassing laws a better fit for the town imposing the ordinance.
Murdock v. Pennsylvania, 319 U.S. 105 (1943), was a case in which the Supreme Court of the United States held that an ordinance requiring door-to-door salespersons ("solicitors") to purchase a license was an unconstitutional tax on religious exercise.
Douglas v. City of Jeannette, 319 U.S. 157 (1943), was a case in which the Supreme Court of the United States held it does not restrain criminal prosecutions made in good faith unless there would be some "irreparable injury." This case is one of four cases collectively known as the "Jehovah's Witnesses Cases", because the Supreme Court handed down rulings on these four cases related to the Jehovah's Witnesses on the same day. Although the Supreme Court ruled against the Jehovah's Witnesses in this case, it ruled in favor of them in the other three cases and those represent landmark decisions in the area of First Amendment constitutional law.
Jehovah's Witnesses experienced religious persecution in Canada during World War II because of their evangelical fervour, conspicuous abstinence from patriotic exercises and conscientious objection to military service.
Watchtower Bible & Tract Society of New York, Inc. v. Village of Stratton, 536 U.S. 150 (2002), is a United States Supreme Court case in which the Court held that a town ordinance's provisions making it a misdemeanor to engage in door-to-door advocacy without first registering with town officials and receiving a permit violates the First Amendment as it applies to religious proselytizing, anonymous political speech, and the distribution of handbills.
Fowler v. Rhode Island, 345 U.S. 67 (1953), was a case in which the Supreme Court of the United States held that a municipal ordinance which was used to penalize a minister of Jehovah's Witnesses for preaching at a peaceful religious meeting in a public park, although other religious groups could conduct religious services there with impunity, violated the First and Fourteenth Amendments.
Tucker v. Texas, 326 U.S. 517 (1946), was a case in which the Supreme Court of the United States held that a state statute making it an offense to distribute literature in a federal government-owned town was an improper restriction on freedom of the press and religion.
Freedom of religion in Tajikistan is provided for in Tajikistan's constitution. However, respect for religious freedom has eroded during recent years, creating some areas of concern.
The status of religious freedom remained restricted with a specific decline for some Pentecostal and other Christian groups during the period of this report. A number of minority religious groups, including congregations of some Christian denominations, continued to operate without registration because they had not satisfied the strict registration requirements set out by the law. As in previous periods, Protestant groups with ethnic Uzbek members reported operating in a climate of harassment and fear. Using new criminal statutes enacted in 2006, the Government brought criminal charges against two pastors. One was sentenced to 4 years in a labor camp; the other received a suspended sentence and probation. Law enforcement officials raided and harassed some unregistered groups, detaining and fining their leaders and members. The Government continued its campaign against unauthorized Islamic groups suspected of extremist sentiments or activities, arresting numerous alleged members of these groups and sentencing them to lengthy jail terms. Many of these were suspected members of Hizb ut-Tahrir (HT), a banned extremist Islamic political movement, the banned Islamic group Akromiya (Akromiylar), or unspecified "Wahhabi" groups. The Government generally did not interfere with worshippers attending sanctioned mosques and granted approvals for new Islamic print, audio, and video materials. A small number of "underground" mosques operated under the close scrutiny of religious authorities and the security services.
In Russia, freedom of religion is in principle a guaranteed right under the Constitution of the Russian Federation. The prominence and authority of various religious groups is closely tied to the country's political situation. In the 10th century, Prince Vladimir I, who was converted by missionaries from Byzantium, embraced Christianity as the official Russian religion. For approximately 1,000 years thereafter, Russian Orthodoxy became the country's primary denomination.
The constitution provides for freedom of religion, and other laws and policies contributed to the generally free practice of religion. However, the constitution designates Eastern Orthodox Christianity as the "traditional" religion, exempting it from having to register in court as required for all other religious groups.
Freedom of religion in Paraguay is provided in the Constitution of Paraguay, and other laws and policies contributed to the generally free practice of religion. The law at all levels protects this right in full against abuse, either by governmental or private actors. The government generally respects religious freedom in practice; however, it occasionally fails to enforce religious freedom laws when abuses occurred. There were some reports of societal abuses or discrimination based on religious affiliation, belief, or practice; however, prominent societal leaders took positive steps to promote religious freedom.
The Grande Noirceur refers to the regime of conservative policies undertaken by the governing body of Quebec Premier Maurice Duplessis from 1936 to 1939 and from 1944 to 1959.
Lloyd Corp. v. Tanner, 407 U.S. 551 (1972), was a United States Supreme Court ruling that the passing out of anti-war leaflets at the Lloyd Center in Portland, Oregon, was an infringement on property rights. This differed from Marsh v. Alabama (1946) and Amalgamated Food Employees Union v. Logan Valley Plaza (1968) in that Marsh had the attributes of a municipality and Logan Valley related to picketing a particular store, while the current case, the distribution of leaflets, is unrelated to any activity in the property.
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