R v Big M Drug Mart (SCC 1985) p843

Facts:

• -      Big M Drug Mart charged with unlawfully carrying on sale of goods on a Sunday contrary to the Lord’s Day Act
• -      The Lord’s Day Act made it an offence for anyone to engage in or carry on business on Sundays
• -      First time s. 2(a), the guarantee of freedom of conscience and religion was brought before the court

Issue: Does the Lord’s Day Act violate s. 2(a) of the Charter?

Held: Yes, the Lord’s Day Act does violate s. 2(a) of the Charter.  The Lord’s Day Act was struck down.

Reasoning:

Purpose and Effect

• -      An unconstitutional purpose or an unconstitutional effect can invalidate legislation
• -      You only need to consider effects if the purpose is constitutional

Freedom of Religion

• -      Here, the SCC found that the purpose was religious and not secular
• -      Coerced individuals to follow a particular religious practice
• -      SCC says the “essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses”
• -      Therefore, the Lord’s Day Act violated individuals’ right to freedom of religion
• -      Even if the purpose was secular, the Lord’s Day Act would still be struck down as ultra vires because it falls under s. 92(13) – property and civil rights.

Section 1 Analysis

• -      The Lord’s Day Act could not be saved under s.1
• -      Failed at the first step: did not have a sufficient objective