A citizen of the Township of Seguin, Mr. Dennis Hamer, who
apparently was feeding bears by hand, unsuccessfully challenged a
municipal by-law prohibiting feeding bears.
Mr. Hamer argued it was bad faith for the Township to pass
it, without proof that feeding bears "causes an
escalation in a threat to public health, safety and well
being of the residents and visitors of the Township".
Remarkably, the lower court judge agreed with the applicant that
the municipal by-law was passed in bad faith and quashed it.
The Court of Appeal disagreed and overturned
the lower court decision. Relying in part on case law from the
Manitoba Court of Appeal, the Court of Appeal pointed out
"there is ... no requirement that Council have evidence of
anything before enacting a by-law. In particular, there is no
requirement that Council have evidence of potential harm before
enacting a by-law designed to prevent such harm."
