How did the Canadian Supreme Court define a municipality’s power to regulate pesticides?
In 1991, the Town of Hudson , located west of Montreal, passed a by-law that restricted the use of pesticides in the town to specific locations and applications. In November 1992, two landscaping companies, Chemlawn and Spraytech, were charged for violating this by-law. The companies pleaded not guilty, and when they lost at trial level, appealed the decision. The companies also lost on appeal, so they then took their case to the Supreme Court of Canada. Chemlawn and Spraytech argued that it was outside the jurisdiction of the municipality to regulate pesticides. They also argued that the municipal law conflicted with provincial and federal law and was invalid. The Court found that there was no conflict between the by-law and other levels of regulation. In its decision, the Supreme Court recognized that local governments can respond to local needs faster than other levels of government. The Court noted that there is a ‘general enabling clause’ in the Quebec City and Towns Act that give
