00:00In this case, the municipal council of the town of Castelnaudary met on April 6, 1929 and
00:05deliberation on the ratification of a one-year subscription to the Haudois Hunting and Fishing Federation
00:10-Agriculture, in order to place a mobile guard to monitor the rural properties of the municipality.
00:15It was planned that this monitoring would be done on an intermittent basis.
00:19However, a prefectoral decree dated May 17, 1929 declared the deliberation of
00:25municipal council of the commune of Castelnaudary.
00:28This use of a guard to monitor private property was considered to be outside the powers of the
00:33municipal council.
00:35Procedure
00:35The mayor of the town of Castelnaudary has filed an appeal for abuse of power against the
00:40'decree of the prefect of Aude, with the aim of annulling it and enforcing the council's decision
00:44municipal.
00:45He submitted his request to the Council of State.
00:48The latter, after hearing the various claims and arguments in support thereof, issued a ruling of
00:53rejected by the Assembly on June 17, 1937.
00:57He spoke with reference to the law of April 5, 1884, which defines the scope of the powers of the
01:02municipal council of the city of Castelnaudary.
01:05AVERAGE
01:05The mayor, as the applicant, raised the possibility of determining that a guard from a private federation
01:11could monitor private properties under the jurisdiction of the municipal council, while the prefect was able to argue that
01:16That was not the case.
01:18The council acted outside the powers conferred upon it by the law of April 5, 1884.
01:24Problem: Can the mayor of a municipality validly delegate police powers to a private organization?
01:29The solution is based on the ruling.
01:30Firstly, the Council of State determined that a request concerning the determination of the distribution of
01:36The powers of the municipal council and the prefect regarding police powers fell within his jurisdiction.
01:41Secondly, the Council of State has established a principle according to which the mayor of a municipality
01:46cannot entrust to a private body, in this case the Hunting, Fishing and Agriculture Federation, prerogatives of the
01:52rural police.
01:53Such powers can only be entrusted to agents placed under the direct authority of the administration.
01:59The non-existent or indirect authority over guards charged with exercising the police prerogative of monitoring rural properties,
02:05through a public service delegation, would not be possible.
02:09Thus, the Council of State determined that the prefectural decree did not have to be annulled and
02:13To that end, he rejected the request from the mayor of the town of Castelnaudary.
02:17This ruling is a matter of principle and is still intended to apply today.
02:20It is not limited to rural policing alone, but rather to all police powers.
02:28Subtitling by Radio-Canada
Commentaires