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The Queen v. Big M Drug Mart Ltd., 1985

The Queen v. Big M Drug Mart Ltd., 1985. Big M Drug Mart was charged under the Lord’s Day Act (1906) for carrying on the sale of goods on a Sunday Issues were the division of powers; whether or not the Act was contrary to section 7 of the Charter ; and if so, was it saved under section 1?

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The Queen v. Big M Drug Mart Ltd., 1985

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  1. The Queen v. Big M Drug Mart Ltd., 1985 Big M Drug Mart was charged under the Lord’s Day Act (1906) for carrying on the sale of goods on a Sunday Issues were the division of powers; whether or not the Act was contrary to section 7 of the Charter; and if so, was it saved under section 1? Lord’s Day Act was challenged under the Bill of Rights in 1963. Courts looked at the effect of the law rather then the purpose and therefore ruled the Act constitutional. SCC, however, examined the purpose and the effect of the Act to determine its constitutional validity SCC ruled the law violated section 2, and section 27 of the Charter, and could not be saved under section 1

  2. Questions • How do you interpret “freedom of religion”? • Do you think the drafters of the Charter anticipated that the right to freedom of religion would deliver against mainstream religious practices?

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