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Case Summary

R. v. Big M Drug Mart Ltd. (1986)

  • May 30th, 1982, the Calgary Big M Drug Mart was accused of selling merchandise on a Sunday

Freedom of Religion and Conscience

  • Went against the Lords Day Act

The Right That Was Challenged In The Charter

  • The case made it way to the Supreme Court of Canada

Section 2:

(a) Freedom of conscience and religion.

  • Being free from the states intimidation
  • The right to believe any religion a person wants
  • The right to express your religion openly without fear of oppression
  • The right to teach and practice religious activity freely
  • The Supreme Court of Canada agreed and pardoned the Lords Day Act

Parties Involved

Her Majesty the Queen - The Appellant

Big M Drug Mart - Respondent

Bill of Rights and Freedoms

The Lords Day Act was a law that made it an offense for anyone to engage in or carry on business on Sunday.

Video

Lords Day Act

At the time of the case, the Supreme Court only had the Bill of Right and Freedoms. The Bill of Rights and Freedoms did not create new rights, instead, it only expressed the rights that Canadians already had. This caused the judges to look more closely to the Bill of Rights and Freedoms. As they looked closer they noticed that Canada had become a very Christian Country. This resulted in the Supreme Court upholding the law.

The Impact of the Decision

Disadvantages

Advantages

  • loss of business for those who observe the Sabbath day
  • Loss of work for employees due to working on the Sabbath
  • more time to make money
  • gives students more hours

of work

  • more time for people to shop/

run errands

Biblography

Kate Stericker.(2014). R v. Big M Drug Mart.

http://casebrief.me

http://www.chrc-ccdp.ca

The Decision

  • The ability to shop on Sundays
  • Sundays became the most popular day to shop

http://www.chrc-ccdp.ca

  • It was concluded that the Lords Day Act violated 2 (a) of the Charter of Rights and Freedoms
  • Therefore, the Supreme Court deducted the law
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