View cases - Stewart McKelvey

- 24 -16 Each of the appellants nonetheless proceeded to set up a succah on his or herbalcony. Apart from Mr. Amselem and Mr. Fonfeder in September 1996, the appellantsin this appeal had not set up succahs on their balconies at the Sanctuaire in prior years;in those years they had celebrated the holiday as guests with family and friends, usingtheir hosts’ succahs.17 In response, the respondent Syndicat filed an application for permanent2004 SCC 47 (CanLII)injunction prohibiting the appellants from setting up succahs and, if necessary,permitting their demolition. The application was granted by the Superior Court on June5, 1998.III. Relevant Legislative Provisions18 Charter of Human Rights and Freedoms, R.S.Q., c. C-121. Every human being has a right to life, and to personal security,inviolability and freedom.He also possesses juridical personality.3. Every person is the possessor of the fundamental freedoms, includingfreedom of conscience, freedom of religion, freedom of opinion, freedom ofexpression, freedom of peaceful assembly and freedom of association.6. Every person has a right to the peaceful enjoyment and free dispositionof his property, except to the extent provided by law.9.1. In exercising his fundamental freedoms and rights, a person shallmaintain a proper regard for democratic values, public order and the generalwell-being of the citizens of Québec.In this respect, the scope of the freedoms and rights, and limits to theirexercise, may be fixed by law.Civil Code of Québec, S.Q. 1991, c. 64 (“C.C.Q.”)