Siemens V. Manitoba (Attorney General) - Opinion of The Court

Opinion of The Court

Major first considered the issue of whether section 16 was validly enacted. He examined the pith and substance of both the legislation and the impugned provision. The purpose of section 16 of the Act was to prohibit VLTs in the town of Winkler and to cancel all existing "siteholder agreements" for those with VLTs in their establishment. Based on the legislative debates, the section was used to give effect to plebiscite that had already been held. The purpose of the Act as a whole was "to allow municipalities to express, by binding plebiscite, whether they wish VLTs to be permitted or prohibited within their communities."

The regulation of gaming and the allowance of local input both fall under section 92 of the Constitution Act, 1867. Section 16, which cancels "siteholder agreements" concerns property and civil rights which is a provincial power under section 92(13) of the Constitution Act, 1867. The Act as a whole gives power to the community to regulate VLTs consequently is considered a matter of a local nature under section 92(16).

Major rejected the argument that the law was a "colourable" attempt to enact criminal law. The Act did not contain the penal consequences required for valid criminal law nor was there a criminal law purpose for the Act. The moral aspect to the law was only incidental to the regulatory scheme.

Major rejected all of the Charter arguments. First, he dismissed the section 2 argument because although voting is a form of expression that is protected under the Charter it does not however include voting in a referendum as it was a creation of a statute. Second, he dismissed the section 7 argument as it has been well established that economic interests are not protected by the Charter and are not found within section 7. Lastly, he rejected the section 15 argument as the claimants failed to show that residence in a particular community or town is an "analogous ground" for discrimination.