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Recent Cases Nov 18, 2022

The Superior Court Has Invalidated a Municipal By-Law of the City of Mascouche

The Superior Court has invalidated three sections of the City of Mascouche’s by-law on the use of weapons. This by-law, adopted in 2010, prohibited hunting on the town’s entire territory.

Mr. Jean-Guy Ouellet, the owner of Fermes Jean-Guy Ouellet, took legal action against the by-law, which prevented him from shooting wild birds that were causing damage to his crops. He claimed that certain sections were unreasonable and in conflict with federal and provincial firearms and hunting laws.

The court agreed with the farmer, stating that "Municipalities may […] add to the safety rules set out in the provincial standards. However, these additional measures cannot prohibit all hunting activities on their territory where it is possible and authorized by the Minister, subject to a compelling justification".

BCF is proud of its victory in this important case on the determination of the municipal jurisdiction limits on hunting matters, with a team consisting of Isabelle Landry and Audrey-Anne Béland.

Click here for the judgment (in french only).

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