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Viola Irene Desmond Case Brief

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Recommended: Freedom of speech arguments for

Facts
Viola Irene Desmond was a Black Nova Scotian businesswoman who challenged racial segregation at a film theatre in New Glasgow, Nova Scotia in 1946. Unaware that the tickets sold to African Canadians in the theatre were for the balcony and the main floor was reserved solely for white patrons, she bought a ticket and took a seat on the main floor. Theatre staff demanded that she go to the balcony, but she refused. The police arrested her immediately and the following morning, despite not having done anything wrong, she was fined $20 and charged with defrauding the Government of Nova Scotia of the difference in the tax between a ground floor and a balcony seat, which amounted to one cent.

Issue
Should an individual’s right to freedom from discrimination based on race, creed, or colour be considered above the freedom of commerce?

Arguments
The manager of the Roseland Theatre, Henry, MacNeil, who was listed in the court proceedings as prosecutor, argued that Desmond attempted to defraud the provincial government based on her alleged refusal to pay the difference in tax between upstairs and downstairs ticket prices, one cent. …show more content…

However, afterwards, Desmond contacted Frederick Bissett, a white lawyer, in order to reverse her charge. Choosing not to take on the violation of her basic civil rights or her rights to a fair trial with competent legal representation, Bissett had the court issue a civil suit writ with Desmond as the plaintiff and MacNeil and the Roseland Theatre Co. Ltd as the defendants, which sought to establish that MacNeil had acted unlawfully when he forcibly ejected Desmond from the theatre, which would entitle her to compensation on the grounds of assault, malicious prosecution, and false

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