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CLU3M Unit 2 Rights and Freedoms

CLU3M Unit 2 Rights and Freedoms. R v. Big M drug Mart 1985. R v. Big M Drug Mart. Sunday, May 30, 1982- Calgary. Big M Drug Mart was pen for business and allowed several transactions

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CLU3M Unit 2 Rights and Freedoms

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  1. CLU3M Unit 2 Rights and Freedoms R v. Big M drug Mart 1985

  2. R v. Big M Drug Mart • Sunday, May 30, 1982- Calgary. Big M Drug Mart was pen for business and allowed several transactions • The Lord’s Day Act (1906)- s. 4- “it is not lawful for any person on the Lord’s Day (Sunday)…to sell offer for sale or purchase any goods, moveable possessions or other personal property” • Trial judge in 1983 dismissed the case on the grounds that the law was unconstitutional.

  3. R v. Big M Drug Mart • Infringement of the Freedom of religion- if any law infringes a right or freedom it cannot exist. • The Crown appealed to the Alberta Court of Appeal- also dismissed • The Alberta Attorney general then appealed to the SCC • March 1985- The SCC had to decide if the Lord’s Day Act infringed Freedom of religion • The SCC also had to determine if the law could be saved as a reasonable limit

  4. R v. Big M Drug Mart • Final decision April 1985 • 6-0 decision- the Lord’s Day Act infringed Freedom of religion and could not be saved as a reasonable limit by sect. 1 • “If I am a Jew or Sabbatarian or a Muslim, the practice of my religion at least implies my right to work on a Sunday if I wish” • One religion cannot be protected over others

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