Sunday Shopping Freedom:

Question: How did section 2(a) of the Canadian Charter of Rights and Freedoms affect Ontario’s Sunday shopping laws?

Answer: Section 2(a) protects freedom of conscience and religion, and courts found that laws forcing Sunday store closures for religious observance can infringe that freedom, notably in R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, which struck down the Lord’s Day Act’s purpose of compelling a Christian Sabbath.   For practical guidance on how Charter rulings and related regulations may affect your rights or business in Ontario, contact Olson Craig Legal (Lawyer & Paralegals) for clear, cost-conscious support and call (226) 886-2001.

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.

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.