Plantation Indoor Plants Ltd. v. A.G. (Alta.)

1. McIntyre J.‑‑The appellant runs a store in Edmonton, Alberta. It was convicted on five occasions between June, 1979 and November, 1979 under s. 4 of the Lord’s Day Act, R.S.C. 1970, c. L‑13, of selling goods on Sunday. The imposition of fines under the Lord’s Day Act did not appear to have any effect upon the appellant, and in May of 1980 the respondent commenced civil proceedings for an injunction to restrain the appellant from selling goods contrary to the Lord’s Day Act. At trial, the respondent's action failed. In May, 1981 the claim for the injunction was dismissed. The respondent appealed and on January 27, 1982 the Court of Appeal allowed the appeal and ordered the injunction to issue. Leave to appeal to this Court was given to the appellant on April 27, 1982.

2. This Court, by a judgment given this day, April 24, 1985, in R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, has held that the Lord’s Day Act is unconstitutional by reason of its infringement of the ‘freedom of religion’ provisions of the Canadian Charter of Rights and Freedoms (Part 1 of the Constitution Act, 1982 , as enacted by the Canada Act, 1982, 1982 (U.K.), c. 11). It will be apparent then that the injunction granted January 27, 1982, resting as it did upon the Lord’s Day Act prohibition of Sunday sales in s. 4 could have been a valid injunction only until April 17, 1982 when the Canadian Charter of Rights and Freedoms came into effect. Since the injunction cannot now be supported in law because of the Big M decision and since, while the record discloses continued Sunday business on the part of the appellant up until the date of trial in 1981, it is silent as to any infraction of the injunction or any steps towards its enforcement after that date, I would, without expressing any view on the validity of the injunction when granted, allow the appeal with costs and vacate the injunction.

Solicitor for the appellant: R. A. Graesser, Edmonton.

Solicitor for the respondent: William Henkel, Edmonton.