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R. v. Big M Drug Mart

[1985] 1 SCR 295

What Happened?

On Sunday,May 30, 1982, The store Big M Drug Mart which was located in Calgary was charged with unlawfully carrying on the sales of goods on a Sunday, contrary to the Lords Day Act of 1906

The Lord's Day Act of 1906

The Issue

The Lord's Day Act was passed in 1906. It prohibited sport, entertainment, retail sales and almost all commerce on Sundays. Sunday was to be known as the the quiet day in which everyone would take the time to pray or show respect

With the Lord's Day Act in place shops were not allowed to be open on Sundays. Big M Drug Mart however opened their shop on a Sunday essentially breaking the law and having the authorities taking them to trial

Questions Put before the Court

-Is the Lord's Day act justified on the basis of section 1 of the Canadian Charter?

-Does the Lord's Day Act infringe upon the freedom of conscience and religion guarenteed in Section 2 a)?

Laws and Charter Provisions Challenged

-Section 2 a) of the Charter of Rights and Freedoms: Everyone has the fundamental rights of freedom of conscience and religion

-Section 4 of the Lord's Day act

Impact of Decision

The victory was made possible by Section 52 of the Constitution Act which provides that unconstitutional laws can be found invalid

As the Lord's Act was struck down retailers everywhere were finally allowed to open their businesses on Sundays which lead to more profit and more choice for consumers when it came to shopping on different days

Legal Pathway

-The case has began in the provincial court of Alberta, where the judge agreed with the defendant and was willing remove charges. The judge also applied to get rid of the Lord's Day Act as it was interfering with the Charter of Rigths and Freedoms.

The Attorney appealed the acquittal which would lead to the case going the Alberta Court of Appeal. It was stated that the case was following section 762 of the Criminal Code: Applications for Forfeiture of Recognizances. All of the judges at the court dismissed the case

Lastly the case was forwarded to the Supreme Court of Canada

Supreme Courts Proceedings and Final Decision

The supreme court held the hearing March 6-7th, 1984

It was heard by six Supreme Court judges, Judgement was reserved until April 24th,1985 where the final decision was in favor of Big M Drug Mart. The Lord's Day Act was then ruled unconstitutional effectively struck down

Reasoning behind the decision

The Lord's Day Act is unconstitutional contrary to 2 a) because the legislation had a determinative religious purpose and Parliament cannot a corporations charter

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