Sunday Shopping Freedom:

Question:How did Section 2(a) of the Charter affect Ontario Sunday shopping laws after R. v. Big M Drug Mart Ltd.?

Answer:Section 2(a) of the Canadian Charter of Rights and Freedoms protects both freedom of conscience and religion, and freedom from religion, so laws that effectively required businesses to close on Sundays for religious reasons were vulnerable to Charter challenges; in R. v. Big M Drug Mart Ltd., R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, the Supreme Court of Canada held that restricting Sunday trading under the Lord’s Day Act violated section 2(a) and was not justified under section 1.   If you are dealing with a Sunday trading, by-law, or religious freedom question in Ontario, Freed Legal Services can help you understand how the Charter framework is applied in practice and what steps to take next; call (800) 716-1897 to book a consult with an Ontario paralegal.

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Section 2(a) of the Charter and Sunday Shopping Laws

Only a few decades ago, Canadian cities and towns were relatively quiet on Sundays whereas such was lawfully considered a religious day for rest.  Subsequently, with the religious freedom prescribed in section 2(a) of the Canadian Charter of Rights and Freedoms, laws forbidding certain stores from operating on Sunday were struck down as being contrary to the rights and freedoms provided in section 2(a) of the Charter.

Note: Please contact Freed Legal Services by phone at: (800) 716-1897 to discuss any specific questions that you may have.

The Charter, at section 2(a), ensures the fundamental freedom of conscience and religion to every person in Canada.  Historically, certain laws required the closure of stores on Sundays due to the religious significance of Sunday as a day of rest to some people.  These laws imposed significant constraints upon businesses and consumers.  Over time, these laws and the constraints within were challenged under the Charter whereas the freedom grants within the Charter provides both the freedom of and freedom from religion.

The constitutional Charter issues encountered in previously existing Sunday shopping laws include:

• The Religious Significance:
  The observance of Sunday as a religious day of rest previously impacted both businesses and consumers.
• The Economic Implications:
  The previous restricting of Sunday trade limited business opportunities and consumer choice, impacting the economy by concentrating shopping on other days.
• The Legal Challenges:
  The question arose regarding the constitutionality of Sunday shopping laws under section 2(a) of the Charter, leading to legal battles for reform.

In the case of R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, the Supreme Court of Canada found that the Lord's Day Act, which restricted Sunday shopping, violated the freedom of conscience and religion protected under section 2(a) of the Charter.  The court held that the purpose of the legislation was to compel the observance of the Christian Sabbath, which infringed on individual freedoms and was without justification under section 1 of the Charter.  This decision played a crucial role in shaping how freedom of religion is interpreted in Canada.

Conclusion

The freedom provision within section 2(a) of the Charter helped shape a new perspective on religious freedom and commerce, influencing the evolution of Sunday shopping laws across Canada.  The changes in laws illuminate the ongoing discourse that can arise around balancing tradition with modern realities such as interests of commerce.  The Big M case, among other cases, served to demonstrate that section 2(a) of the Charter provided both freedom of religion as well as freedom from religion.