The Superior Court Rules: A Municipality Cannot Prohibit Hunting on its Territory

Hat trick for our Municipal Law partner Isabelle Landry! In interviews with La Presse, Le Devoir and on the Cogeco Média program Que l’Outaouais se lève, she commented on her recent victory, which she shares with our lawyer Audrey-Anne Béland, before the Superior Court of Québec.

In Ouellette v. Ville de Mascouche, the Superior Court invalidated three sections of the Ville de Mascouche's firearms by-law that had the effect of prohibiting hunting on its territory. The Court ruled that hunting falls under the authority of the provincial government and that municipalities cannot prohibit it.

"It is important to understand that municipalities are entities of the state and have only the powers that are delegated to them. When they exercise those powers in conflict with federal or provincial norms, the latter take precedence. This is what we argued and the ground on which we won the case," said Isabelle Landry to host Michel Langelin during the 104.7 FM program Que L'Outaouais se lève.

To date, Mascouche has yet to decide if it will appeal the case. "If this decision is not appealed [...], we can assume that other municipalities will take note and adapt their by-laws according to this decision," she told La Presse.