SOSC 2350 Lecture Notes - Lecture 5: Sears Canada, Social Environment, Institute For Operations Research And The Management Sciences
13 Dec 2016
School
Department
Course
Professor
Theories of law and society
Oct 20 2016
Law a mirror of society?
- It is assumed that law reflects society to maintain social order
- Laws authority come from a diverse conflicting social resources
- Social environment in which law operates must also be considered
- Law that reflects the will of the society
- Ont. Human Rights Comm. V Simpson Sears (1985) where the SSC acknowledged
indirect discrimination
- Part of her religion says that she is forbidden to work from sundown Friday to sundown
Satuda; o fulltie shifts that do’t euie he to ok Fida ad Satuda
- As a esult, the had to teiate he cotact, as ee eploee’s ust ok Fida at
Saturday.
- Legal issue: was this policy imposing on her religious view?
- Although had a reasonable basis, she was indeed discriminated against as sears made
no attempt to consider her situations.
R. V. Big M Drug Mart Ltd (1985)
- Pharmacy can dispense medication but not sell other products.
- Constitutional question: weather the act infringe don the right to freedom of conscious
and religion, if the court decided yes, it did infringe, the next question is whether the
infringed is justified under the section 1
- The ruling: the statue was unconditional, and it was unconditional violation under the
section2.
- Ruling: To the extent that it binds all to a sectarian Christian ideal, the Lord’s Day Act
works a form of coercion inimical to the spirit of the Charter and the dignity of all non-
Christians. In proclaiming the standards of the Christian faith, the Act creates a climate
hostile to, and gives the appearance of discrimination against, non-Christian Canadians.
It takes religious values rooted in Christian morality and, using the force of the state,
translates them into a positive law binding on believers and non-believers alike. The
theological content of the legislation remains as a subtle and constant reminder v
religious minorities within the country of their differences with, and alienation from, the
dominant religious culture (at para 97).
- There was no secular basis for the legislation, the only purpose was in effect to establish
a state religious base requirement, therefore it was invalid.
- The drug store victory is important.
Law informs theory, theory informs law
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