Plantation Indoor Plants Ltd. v. A.G. (Alta.), [1985] 1 S.C.R. 366
Plantation Indoor Plants Limited Appellant;
and
The Attorney General of Alberta Respondent.
File No.: 17038.
1984: March 7; 1985: April 24.
Present: Ritchie*, Dickson, Beetz, McIntyre, Chouinard, Lamer and Wilson JJ.
*Ritchie J. took no part in the judgment.
on appeal from the court of appeal for alberta
Constitutional law ‑‑ Canadian Charter of Rights and Freedoms ‑‑ Freedom of conscience and religion ‑‑ Lord’s Day Act and Sunday observance ‑‑ Injunction restraining sale of goods contrary to Act ‑‑ Injunction invalid given unconstitutionality of Lord’s Day Act ‑‑ Lord’s Day Act, R.S.C. 1970, c. L‑13, s. 4.
Sunday observance ‑‑ Injunction to restrain sale of goods ‑‑ Injunction invalid given unconstitutionality of Lord’s Day Act.
Cases Cited
R. v. Big M Drug Mart Ltd., 1985 CanLII 69 (SCC), [1985] 1 S.C.R. 295, followed.
APPEAL from a judgment of the Alberta Court of Appeal, 1982 ABCA 1, [1982] 2 W.W.R. 167, 133 D.L.R. (3d) 741, 65 C.C.C. (2d) 544, 34 A.R. 348, allowing an appeal ‑‑ and granting the injunction sought ‑‑ from a judgment of Cawsey J. dismissing an application for injunction. Appeal allowed.
R. A. Graesser, for the appellant.
William Henkel, Q.C., and J. W. McFadzen, for the respondent.
The judgment of the Court was delivered by
McIntyre J.‑‑The appellant runs a store in Edmonton, Alberta. It was convicted on five occasions between June, 1979 and November, 1979 under s. 4 of the Lord’s Day Act, R.S.C. 1970, c. L‑13, of selling goods on Sunday. The imposition of fines under the Lord’s Day Act did not appear to have any effect upon the appellant, and in May of 1980 the respondent commenced civil proceedings for an injunction to restrain the appellant from selling goods contrary to the Lord’s Day Act. At trial, the respondent's action failed. In May, 1981 the claim for the injunction was dismissed. The respondent appealed and on January 27, 1982 the Court of Appeal allowed the appeal and ordered the injunction to issue. Leave to appeal to this Court was given to the appellant on April 27, 1982.
This Court, by a judgment given this day, April 24, 1985, in R. v. Big M Drug Mart Ltd., 1985 CanLII 69 (SCC), [1985] 1 S.C.R. 295, has held that the Lord’s Day Act is unconstitutional by reason of its infringement of the ‘freedom of religion’ provisions of the Canadian Charter of Rights and Freedoms (Part 1 of the Constitution Act, 1982, as enacted by the Canada Act, 1982, 1982 (U.K.), c. 11). It will be apparent then that the injunction granted January 27, 1982, resting as it did upon the Lord’s Day Act prohibition of Sunday sales in s. 4 could have been a valid injunction only until April 17, 1982 when the Canadian Charter of Rights and Freedoms came into effect. Since the injunction cannot now be supported in law because of the Big M decision and since, while the record discloses continued Sunday business on the part of the appellant up until the date of trial in 1981, it is silent as to any infraction of the injunction or any steps towards its enforcement after that date, I would, without expressing any view on the validity of the injunction when granted, allow the appeal with costs and vacate the injunction.
Appeal allowed with costs.
Solicitor for the appellant: R. A. Graesser, Edmonton.
Solicitor for the respondent: William Henkel, Edmonton.