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[1985] 1 SCR 295
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
-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)?
-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
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
-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
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