Sabbath Observance and Employment Accommodations

• Author: M.H. Ogilvie
• Pages: 390-401

390

CHAP TER 13

SABBATH OBSERVANCE

AND EMPLOYMENT

ACCOMMODATIONS

A. I NTRODUC TION

Historically, the most signif‌icant religious issue in the workplace in

Canada, if mea sured by the volume of reported cases, ha s been that of

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

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

Christia n observances of that day may proceed. Recently, however,

with the ris e of religious pluralism in Can ada, other religious groups,

both Christi an and non-Christian, have looked to the law to protect

not only the observance of their res pective holy days but also to ensure

other workplace accommodations required for the practice of their be-

liefs. This chapter will consider these issues.

Sunday observance legi slation in Canada h as been considered by

the courts primarily in the contexts of constitutional law1 and criminal

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

over criminal l aw 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 v irtue of the opting

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

1 See the fulle r discussion, above chapter 4, se ction D(2).

2 See the fulle r discussion, above chapter 5, sect ion B.

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