R. v. Edwards Books and Art Ltd.
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| R. v. Edwards Books and Art Ltd. | ||||||
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| Argued March 4 - 6, 1986 Decided December 18, 1986 |
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R. v. Edwards Books and Art Ltd. [1986] 2 S.C.R. 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law. The Court found that the legislation was within the power of the province to legislate but it was in violation of the right to freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms. However, it could be saved under section 1.
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[edit] Background
In 1983, four Ontario retail stores, Edwards Books and Art, Longo Brothers Fruit Markets, Paul Magder, and Nortown Foods, were charged with violating the Retail Business Holidays Act for opening their stores on Sunday. All four stores admitted to having violated the law. Three of the stores did so for purely economic reasons. However, a fourth store, Nortown, served primarily a Jewish customer base and so opened for religious reasons in addition to financial reasons.
Three issues were before the Court:
- whether the Act was within the legislative powers of the province provided by section 92 of the Constitution Act, 1867?
- whether any part of the Act violated sections 2(a), 7, or 15 of the Charter?
- whether any violation could be saved under section 1?
The Court found that the law was within the power of the province, that it violated section 2(a), but could be saved under section 1. They dismissed the appeals of Edwards, Longo, and Magder, but allowed Nortown's appeal.
[edit] Opinion of the Court
The majority opinion was written by Dickson C.J., with Chouinard and LeDain JJ. concurring. A second opinion was given by LaForest J., agreeing with Dickson's judgement with a slight disagreement on his application of section 1. A third opinion was given by Beetz J., with McIntyre J. concurring, agreeing with Dickson's result but for different reasons, and also found that there was no violation of section 2(a).
[edit] Dickson
Dickson analyzed the pith and substance of the law in order to determine if the law can be characterized as a provincial power or a federal power. This analysis focused on the nature of the Act, whether it was religious in nature or secular in nature (i.e.. related to civil and property rights). He concluded that it was secular in nature.
Dickson noted that the act was not attempting to advance any religious ideology, but rather was intending to provide employees with a day of rest. The choice of Sunday is not determinative of a religious purpose, other countries use Sunday as a day of rest for entirely secular reasons. The exemption for people of the Jewish faith is not sufficient to show a religious purpose either.
Turning to the second issue, Dickson found a marginal violation of section 2(a) with respect to Nortown only. A company that has a legitimate and sincere religious practice that requires them to open a store on Sunday has the right to do so. The provision that attempts to accommodate those of the Jewish faith was insufficient to catch all sincere religious practitioners and so violated section 2(a). A law that indirectly places a burdened on an individual or group that has the effect of degrading their ability to practice their religion is in violation of the Charter. Here, the law was requiring the store owner to chose between their religion or their business and so was degrading to their faith.
Regarding section 7 and 15, Dickson found that there was no deprivation of liberty or adverse impact to violate section 7, and he also found that there could be no section 15 claim as the section had not yet come into effect at the time of the charge.
On the third issue, Dickson found that the violation could be justified under section 1. In applying the Oakes test, he found that the purpose of giving people a day of rest was clearly pressing and substantial, as the well being of all workers is important, especially those in the retail industry. He found that the law was proportional as well. The law corresponded to the objective of giving all workers a day of rest, and the availability of exceptions provided for minimal impairment.
[edit] LaForest
LaForest agreed with everything Dickson found except for his interpretation of section 1. LaForest stated that focus must be put on deference to government to pursue its objectives, and on this basis the government should not have to worry as much about being as minimally impairing as Dickson suggested.
[edit] Beetz
The legislation is not the violation of freedom of religion. This violation is due to Saturday observer’s choice of ‘religious tenets over economic benefit’. Even if there were no universal day of rest, Saturday observers would still be economically disadvantaged as opposed to businesses which opted to stay open all seven days.
[edit] Dissent
Wilson J., alone, dissented. Claiming that the Act violated section 2(a) and could not be saved under section 1. Like LaForest, she agrees with Dickson's reasoning on the first two issues, however, she does not agree with the analysis of section 1.
Wilson focuses on the proportionality of the law. She found that the accommodations were insufficient. They were too selective, excluding important segments of the population, and created arbitrary classes of people.
