Sunday Shopping Freedom:

Question:Can Sunday shopping restrictions in Ontario be challenged under section 2(a) of the Canadian Charter of Rights and Freedoms?

Answer:Yes, Ontario Sunday shopping limits can be challenged under section 2(a) of the Canadian Charter of Rights and Freedoms when the law effectively compels religious observance or infringes freedom of conscience and religion for individuals and businesses.  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 struck down the Lord’s Day Act because its purpose was tied to compelling the Christian Sabbath, which could not be justified under section 1.  If you are a consumer, retailer, or employer dealing with a Sunday trading issue in Ontario, Olson Craig Legal can help explain your options and next steps with a lawyer & paralegals approach in plain language, call (226) 886-2001 to discuss your situation.

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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 Olson Craig Legal by phone at: (226) 886-2001 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.