In 1998, the town of Winkler, Manitoba held a non-binding plebiscite in which it was decided to ban VLTs from the community. In 1999, the province of Manitoba passed the Gaming Control Local Option Act (known as the "VLT Act") which allowed municipalities to hold binding plebiscites to ban VLTs. The VLT Act contained a provision in section 16 which made the Winkler plebiscite binding which resulted in the Winkler Inn, owned by the Siemens, to shut down its VLT facilities.
The Siemens challenged the VLT Act on the ground that section 16 was ultra vires the power of the provincial government's authority as it was a matter under the federal criminal law power, and that it violated their right to freedom of expression under section 2(b) of the Charter, their right to life, liberty, and security of person under section 7 of the Charter, and their right to equality under section 15(1) of the Charter.
The motions judge rejected the claims which was upheld by the Court of Appeal.
Justice Major, writing for a unanimous Court, held that the Act was a valid exercise of the provincial law-making power and it did not violate any section of the Charter.
Read more about this topic: Siemens V. Manitoba (Attorney General)
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Famous quotes containing the word background:
“In the true sense ones native land, with its background of tradition, early impressions, reminiscences and other things dear to one, is not enough to make sensitive human beings feel at home.”
—Emma Goldman (18691940)
“I had many problems in my conduct of the office being contrasted with President Kennedys conduct in the office, with my manner of dealing with things and his manner, with my accent and his accent, with my background and his background. He was a great public hero, and anything I did that someone didnt approve of, they would always feel that President Kennedy wouldnt have done that.”
—Lyndon Baines Johnson (19081973)
“They were more than hostile. In the first place, I was a south Georgian and I was looked upon as a fiscal conservative, and the Atlanta newspapers quite erroneously, because they didnt know anything about me or my background here in Plains, decided that I was also a racial conservative.”
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