Christie v. The York Corporation, [1940] S.C.R. 139
subject: Canada
subject: Freedom of Contract
subject: Discrimination
description: In this case, Fred Christie, a Black man living in Montreal, sued the York Tavern after the latter refused to sell him a glass of beer. The case involved the freedom of contract, including the right to discriminate provided that there are no laws or regulations that would otherwise forbid such discrimination in the contractual context. (The case occurred well before any Canadian province had enacted human rights legislation.) The Majority of the Supreme Court of Canada held in favour of the York Tavern, rebuffing Christie's claims of discrimination and humiliation. Of particular note is the decision of the dissenting judge, Mr. Justice Davis. At the time, any right to be free from discrimination was a collectively held right. That is, rights were not yet conceptualized as being held by individuals. Instead, one would have had to bring oneself within a group that enjoyed special protections or privileges in order to enjoy protections. As a Black man, Christie could have been construed as an outsider in the predominantly white Montreal. Davis J, however, notes a number of important traits about Christie that seem to bring Christie within the "we" group entitled to protection: Christie was originally from another British colony (Jamaica) that was a member of the Commonwealth; Christie had been in Canada for 20 years; he had a good job as a chauffeur; and, crucially, he was a Montreal Canadiens season's ticket holder. Furthermore, Davis J. was under the impression that Christie was attending a hockey game when he went to the tavern for that glass of beer. Christie had in fact been to the tavern before and had been served on previous occasions. The decision of Davis J. paints a picture of a Montrealer who was unfairly denied a glass of beer at a tavern connected to the Forum itself during a hockey game. Perhaps this understanding of who Christie was (an insider, a member of the "we" community) affected Davis J's interpretation of the law. Davis J found in favour of Chris…
creator: Supreme Court of Canada
source: Christie v. The York Corporation, [1940] S.C.R. 139
publisher: Supreme Court of Canada
publisher: Lexum: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/8489/index.do
date: May 10, 1939
rights: (c) Supreme Court of Canada
rights: Lexum
format: text file/PDF
language: English
type: Text