Justice La Forest, writing for the Court in a plurality opinion, held that the restriction on residency was unconstitutional.

La Forest found that the selection of a place of residence was within the meaning of "private life" which is protected under section 5 of the Quebec Charter.

At no time did Godbout waive that right, even in signing the employment contract that contained the residency restriction.

Justice La Forest's decision on the Canadian Charter (joined by L’Heureux-Dubé and McLachlin JJ.)

does not have legal force, as the six other justices declined to consider the s.7 claim, after likewise finding that the Quebec Charter was violated.