Sabbath Observance and Employment Accommodations
Author | M.H. Ogilvie |
Pages | 387-398 |
C
h
ap
t
er
Thirteen
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
maintained
as a day of
rest,
free
from
work
or
other distractions,
so
that Christian
observances
of
that
day may
proceed.
Recently,
however, with
the rise of
religious pluralism
in
Canada, other religious groups, both Christian
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 accom-
modations required
for the
practice
of
their
beliefs.
This chapter will con-
sider these issues.
Sunday
observance legislation
in
Canada
has
been considered
by the
courts
primarily
in the
contexts
of
constitutional
law1
and
criminal
law.2
Such
legislation
has
been held
to
fall
within
the
federal
power over crim-
inal
law
pursuant
to
section
91(27)
of the
Constitution
Act,
1867?
but
provincial legislation regulating Sunday activities, whether work
or
play,
has
been sustained
by the
courts
by
virtue
of the
opting
out
provisions
of
1 See the
fuller
discussion, above chapter
4,
section D(2).
2 See the
fuller
discussion, above chapter
5,
section
B.
3
R.S.C.
1985, App.
II, No. 5.
387
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