R v Edwards Books and Art Ltd
Supreme Court of Canada decision / From Wikipedia, the free encyclopedia
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R v Edwards Books and Art Ltd [1986] 2 SCR 713 is a leading Supreme Court of Canada decision on the constitutional validity of an Ontario provincial Sunday closing law. The Court found that the legislation was within the power of the province to legislate but it was in violation of the right to freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms ("Charter"). However, it could be saved under section 1.
R v Edwards Books and Art Ltd | |
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Hearing: March 4–6, 1986 Judgment: December 18, 1986 | |
Full case name | Her Majesty The Queen v Edwards Books and Art Limited, Nortown Foods Limited, Longo Brothers Fruit Markets Limited, and Paul Magder |
Citations | [1986] 2 SCR 713 |
Court membership | |
Chief Justice: Brian Dickson Puisne Justices: Jean Beetz, Willard Estey, William McIntyre, Julien Chouinard, Antonio Lamer, Bertha Wilson, Gerald Le Dain, Gérard La Forest | |
Reasons given | |
Majority | Dickson CJ, joined by Chouinard and Le Dain JJ |
Concurrence | La Forest J and Beetz J, joined by McIntyre J |
Dissent | Wilson J |
Three issues were before the Court:
- Whether the Act was within the legislative powers of the province provided by section 92 of the Constitution Act, 1867
- Whether any part of the Act violated sections 2(a), 7, or 15 of the Charter
- Whether any violation could be saved under section 1
The Court found that the law was within the power of the province, that it violated section 2(a), but could be saved under section 1. They dismissed the appeals of Edwards, Longo and Magder, and allowed the Crown's appeal of the Nortown decision, entering a conviction against.