Big M Drugmart

Facts

Big M Drugmart was charged with unlawfully carrying on the sale of goods contrary to the lords day act.

This act made it an offence for anyone to engage in or carry on business on Sunday.

Issues

Does the Lord’s Day Act violate the constitutional freedom of religion?  If so, is the legislation justifiable under s.1 of the Charter?

Holding

Lord’s Day Act was declared to be of no force or effect.

Reasoning

First step in the constitutional challenge is to determine purpose and effect of legislation.

Initial test examines purpose and if the law passes the purpose test then the effect of the legislation are examined.

In this instance the purpose of this legislation is compulsion of sabbatical observance.  Therefore the act offends freedom of religion and is unnecessary to consider the actual effect.

The Lord’s Day Act gives the appearance of discrimination against non Christian Canadians, as such non Christians are not permitted to carry out otherwise lawful activities. Therefore any law deemed religious in purpose which denies non Christians a lawful right infringes on their freedom.

The government may not coerce individuals to affirm a specific religious belief or manifest a religious practice even for a sectarian purpose.  The Charter prevents the government compelling individuals to perform or abstain from otherwise harmless acts because of the religious significance of others.

Under the analysis of Section 1 , the arguments are practical as everyone needs a day of rest but this does not save the legislation as legislation cannot be saved by effect alone. The practical effect of the legislation is not the purpose of the legislation and as such, cannot save the legislation.