Sobeys has decided to take the Province to court over their moronic Sunday Shopping Double Switch. I can only hope that the judge sees through Premier
Wednesday, July 05, 2006
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5 comments:
I hope it works out. The problem is court challenges can drag on for quite some time. If it fails, I hope they launch a Charter challenge and take it to the Supreme Court if necessary. Since some other religions have sabbath days other than Sunday, I believe they could get it struck down on violating section 2, freedom of religion.
I think it's funny you think the Charter of Rights is long for this world when the Harperfuhrer is in the PMO.
It will continue to exist until he gets a majority. And even then as long as there are at least four sane premiers or two sane ones from Ontario and Quebec, he cannot repeal it. He can off course use the notwithstanding clause regularly, which is frightening enough. Thank God Trudeau made it difficult to repeal the Charter so extremist like Harper cannot get rid of it.
The problem is that Sunday Shopping laws have been tested in the courts before. I cant remember the names of the cases but in one case a Sunday shopping law was struck down because its purpose was religious so it violated s.2.
Another sunday shopping law was upheld because the purpose was to give a common day of rest, and althout the effect of that was to infringe upon some people's freedom of religions, it was a "justifiable limit" because the social goal of a common day of rest justified it.
I think since each religion has different Sabbath days (Judaism Saturday, Islam Friday, and Christianity Sunday) it could be argued that choosing Sunday is deliberately favouring Christianity over other religions. A better law if this is what the government wants is mandate workers have the right to refuse to work more than six days a week (even with a 40 hour work week it is still possible if one works only 4 hours each day) should they choose without specifying which day must be taken off.
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