Sabbath Observance and Employment Accommodations

• Author: M.H. Ogilvie
• Pages: 408-420

408

CHAPTER 13

SABBATH OBSERVANCE

AND EMPLOYMENT

ACCOMMODATIONS

A. INTRODUCTION

Historically, the most signif‌icant religious issue in the workplace in

Canada, if measured by the volume of reported cases, has been that of

Sunday observance; that is, of ensuring by law that Sunday is main-

tained as a day of rest, free from work or other distractions, so that

Christia n observance of th at day may proceed. Recently, however, with

the rise of religious pluralism in Canada, other religious groups, both

Christia n and non-Christian, have looked to the law to protect not only

the observance of their respective holy days but also to ensure other

workplace accommodations required for the practice of their beliefs.

This chapter will consider these issues.

Sunday observance legislation in Canada has been considered by

the courts prim arily in the contexts of constitutional law1 and crimin al

law.2 Such legislation has been held to fall within the federal power

over criminal law pursuant to section 91(27) of the Constitution Act,

1867,3 but provincial legislation regulating Sunday activities, whether

work or play, has been sustained by the courts by virtue of the opting

out provisions of the federal legislation from time to time and of the

provincial exclusive jurisdiction over property and civil rights within

each province pursuant to section 92(13).

1 See the fulle r discussion in chapter 4, sect ion D(2).

2 See the fulle r discussion in chapter 5, sec tion B.

3 R.S.C. 1985, App. II, No. 5.