R v Big M Drug Mart Ltd

Big M Drug Mart was charged for selling on a Sunday in violation of the federal Lord's Day Act. The SCC struck down the Act for its religious purpose and articulated the foundational doctrine of freedom of religion under s.2(a) of the Charter.

Big M Drug Mart, a corporation, was charged with carrying on the sale of goods on a Sunday contrary to s.4 of the Lord's Day Act. The Crown argued that, notwithstanding the religious origins of the Act, its modern purpose was secular: a common day of rest. Big M argued the Act compelled observance of the Christian sabbath.

(1) Can a corporation rely on s.2(a) of the Charter? (2) What is the test for compatibility with s.2(a)? (3) Is the Lord's Day Act constitutional?

Yes — the corporation may rely on s.2(a) when defending against a charge under an unconstitutional statute. The Lord's Day Act has both a religious purpose and effect, and is therefore inconsistent with s.2(a). The Act could not be saved under s.1.

A statute can violate s.2(a) by either purpose or effect. If either purpose or effect is to coerce religious conformity, the statute is unconstitutional. Both purpose and effect are relevant; either, standing alone, can invalidate the law.

Dickson J held that the original and continuing purpose of the Lord's Day Act was to compel observance of the Christian sabbath. The historical record left no doubt: the Act enforces religious belief by coercing people of all religions or none to observe a Christian holy day. The shift in argument to a "secular common pause day" rationale could not rescue legislation whose purpose was, and remained, religious. Standing was given to the corporation because no person can be convicted under an unconstitutional law, regardless of who they are.

Created the purpose-or-effect test for Charter violations that applies across many rights. Established that the freedom in s.2(a) is both a freedom from coercion and a freedom to manifest belief. Opened up corporate Charter standing in defensive contexts.

R v Big M Drug Mart Ltd, [1985] 1 SCR 295, 1985 CanLII 69 (SCC).

Dickson CJ, Beetz J, McIntyre J, Chouinard J, Lamer J, Wilson J, Estey J