Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd
Citations
[1985] 1 SCR 295, 18 DLR (4th) 321, 3 WWR 481, 18 CCC (3d) 385, 37 Alta LR (2d) 97
Docket No.
18125 [1]
Prior history
Judgment for the defendant in the Court of Appeal of Alberta.
Ruling
Appeal dismissed
Holding
The Lord's Day Act violates section 2 of the Charter and is therefore invalid.
Court membership
Chief Justice: Bora Laskin Puisne Justices: Roland Ritchie, Brian Dickson, Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson
Reasons given
Majority
Dickson J (paras 1–151), joined by Beetz, McIntyre, Chouinard and Lamer JJ
Concurrence
Wilson J (paras 152–164)
Laskin CJ and Ritchie and Estey JJ took no part in the consideration or decision of the case.
R v Big M Drug Mart Ltd[2](Her Majesty The Queen in Right of Canada v Big M Drug Mart Ltd) is a landmark decision by Supreme Court of Canada where the Court struck down the federal Lord's Day Act for violating section 2 of the Canadian Charter of Rights and Freedoms. This case had many firsts in constitutional law including being the first to interpret section 2.
^SCC Case Information - Docket 18125 Supreme Court of Canada
^R. v. Big M Drug Mart Ltd., 1985 CANLII 69, [1985] 1 SCR 295 (24 April 1985), Supreme Court (Canada)
and 23 Related for: R v Big M Drug Mart Ltd information
Walmart Inc. ( /ˈwɔːlmɑːrt/ ; formerly Wal-Mart Stores, Inc.) is an American multinational retail corporation that operates a chain of hypermarkets (also...
Nyamakazi v President of Bophuthatswana 1992 (4) SA 540 (BG). Qozeleni v Minister of Law and Order and Another 1994 (3) SA 625 (E). RvBigMDrugMartLtd [1985]...
interpretation is also used in constitutional interpretation. In R. v. BigMDrugMartLtd., [1985], Justice Dickson, speaking for the majority of the court...
violated. The onus is on the Crown to pass the Oakes test. In RvBigMDrugMartLtd (1985), Dickson asserted that limitations on rights must be motivated...
went on to note that in past freedom of religion cases, such as RvBigMDrugMartLtd (1985), the Supreme Court has advocated giving freedom of religion...
Charter is in place to protect (in which case it is pernicious)". In RvBigMDrugMartLtd, a dissenting judge on the Alberta Court of Appeal, Justice Belzil...
federal nor provincial governments gain powers under the Charter. In RvBigMDrugMartLtd, it was found that legislation whose purpose is found to violate...
that of Rv Oakes, where he proposed the analytical framework for section 1 of the Charter now known as the "Oakes test". In RvBigMDrugMartLtd, he gave...
could not be compelled to close on Sunday for religious reasons in RvBigMDrugMartLtd. In 2004, the Supreme Court ruled that Hasidic Jews had the right...
being Schedule B to the Canada Act 1982 (UK), 1982, c 11. R. v. BigMDrugMartLtd., [1985] 1 S.C.R. 295 at para. 94. “the right to declare religious beliefs...
in R. v. Edwards Books and Art Ltd. (1986). The Supreme Court also referred to section 27 in the landmark Charter case R. v. BigMDrugMartLtd. (1985)...
For example, Smith v Jones would be pronounced "Smith and Jones". Criminal cases are pronounced with against. For example, Rv Smith would be pronounced...
deceased member of the church because of his political views. In R. v. BigMDrugMart, the first freedom of religion case decided by the Supreme Court...
(Concurrence) Singh v. Minister of Employment and Immigration, [1985] 1 S.C.R. 177 (Majority) R. v. BigMDrugMartLtd., [1985] 1 S.C.R. 295 (Concurrence)...