Re Drummond Wren

Re Drummond Wren [1945] O.R. 778 (Ont. H.C.) is a decision by the Ontario High Court, presided by Justice MacKay, regarding the validity of a racially motivated restrictive covenant. Drummond Wren brought forward an action to have a restrictive covenant placed on a parcel of land he owned to be declared invalid. The covenant prohibited the land to be sold to "Jews, or persons of objectionable nationality". This case pre-dates the creation of the Canadian Charter of Rights and Freedoms, and is an example of how issues regarding human rights were considered before being expressly stated in statute.

Ruling

Justice MacKay found the covenant to be invalid as a violation of public policy. He cited the recent signing of the United Nations Charter by the United Nations, to which Canada was a signatory, as a determining factor for public policy. He went on to state:

"...It appears to me to be a moral duty, at least, to lend aid to all forces of cohesion, and similarly to repel all fissiparous tendencies which would imperil national unity..."[1]

Aftermath

Shortly after the case was considered, but not followed, by Justice Schroeder in Noble v. Alley.

References

  1. ↑ Rotman, Elman & Gall (2008). Constitutional Law Cases, Commentary and Principles. Thomson Carswell. p. 738.


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