Alberta (Attorney General) v. Plantation Indoor Plants Ltd., (1985) 60 A.R. 343 (SCC)

• Judge: Ritchie, Dickson, Beetz, McIntyre, Chouinard, Lamer and Wilson, JJ.
• Court: Supreme Court (Canada)
• Case Date: April 24, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1985), 60 A.R. 343 (SCC);18 DLR (4th) 319;[1985] 3 WWR 539;60 AR 343;37 Alta LR (2d) 151;18 CCC (3d) 438;1985 CanLII 71 (SCC);[1985] 1 SCR 366

Alta. (A.G.) v. Plantation Indoor Plants (1985), 60 A.R. 343 (SCC)

MLB headnote and full text

Attorney General of Alberta v. Plantation Indoor Plants Limited

Indexed As: Alberta (Attorney General) v. Plantation Indoor Plants Ltd.

Supreme Court of Canada

Ritchie, Dickson, Beetz, McIntyre, Chouinard, Lamer and Wilson, JJ.

April 24, 1985.

Summary:

The Attorney General of Alberta applied for an injunction to restrain the defendant from selling goods on Sundays contrary to the Lord's Day Act, R.S.C. 1970, c. L-13. The defendant had been convicted several times for breach of the Act and intended to keep on doing Sunday business.

The Alberta Court of Queen's Bench, in a judgment reported 29 A.R. 477, dismissed the application. The Attorney General appealed.

The Alberta Court of Appeal, in a judgment reported, [1982] 2 W.W.R. 167; 133 D.L.R.(3d) 741; 65 C.C.C.(2d) 544; 34 A.R. 348, allowed the appeal and granted an injunction restraining the defendant from breaching the Act pending trial. The defendant appealed.

The Supreme Court of Canada allowed the appeal and vacated the injunction, because the injunction was invalid where the Lord's Day Act had been declared unconstitutional by reason of its infringement of the right to freedom of religion under s. 2(a) of the Charter of Rights and Freedoms.

Civil Rights - Topic 386

Freedom of religion - Infringement of - Sunday observance legislation - An injunction was granted to restrain a defendant from operating its business on a Sunday, contrary to s. 4 of the Lord's Day Act, R.S.C. 1970, c. L-13 - The Supreme Court of Canada vacated the injunction, because it was invalid where the Lord's Day Act had been declared unconstitutional by reason of its infringement of the right to freedom of religion under s. 2(a) of the Charter of Rights and Freedoms.

Cases Noticed:

R. v. Big M. Drug Mart Ltd. (1985), 58 N.R. 321; 60 A.R. 161 (S.C.C.), appld. [para. 2].

Statutes Noticed:

Lord's Day Act, R.S.C. 1970, c. L-13, sect. 4 [para. 1].

Counsel:

R. Graesser, for the appellant;

J.W. McFadzen and William Henkel, Q.C., for the respondent.

This appeal was heard on March 7, 1984, before Ritchie, Dickson, Beetz, McIntyre, Chouinard, Lamer and Wilson, JJ., of the Supreme Court of Canada.

On April 24, 1985, McIntyre, J., delivered the following judgment for the Supreme Court of Canada.

Ritchie, J., did not participate in the judgment.