Revisiting Landmark Court Cases

Throughout the history of law in Canada, many cases have been decided that changed the law forever. In this article, we will be discussing some of the landmark cases that impact all of us, from businesses not being able to open on Sundays to being able to express your sexuality without unfair factors affecting it.

The first case, established in 1985, is R. v. Big M Drug Mart Ltd. For reference, 'R.' stands for Regina or Rex, which represents the Crown or the country in criminal prosecutions. For future reference, this means that the charges were brought up by the government, and not a specific person. This case struck down the Lord's Day Act passed in 1906, which prohibited most commercial activity, trade, and labour on Sundays to enforce a Christian day of rest. See, Big M Drug Mart was caught selling merchandise on a Sunday. Not that crazy now unless you're Chick-fil-A, but to the owner of Big M Drug Mart, this was huge. He claimed that this Canadian statute went against the freedom of religion promised in section two of the Canadian Charter of Rights and Freedoms. Big M Drug Mart argued that it was a compulsory religious observance, and held the population to a Christian standard. In 1985, it was overturned and the court struck down the Lord's Day Act, resulting in businesses being allowed to sell merchandise on Sundays.

The next case really changed rights. This case was called Calder v. British Columbia. It happened in 1973. Calder v. British Columbia was the case where the courts in Canada said that Indigenous people had rights to the land before other people came. Frank Calder, who is from the Nisga'a Nation in British Columbia, said that the Nisga'a people never gave up their land. They did not sign any papers to say that they were giving it away. The Supreme Court of Canada was not sure what to do. They still made a big decision. They said that Indigenous people could have something called title. This was a big deal. The Nisga'a Nation did not win the case. It was still important. It made the government start talking to people about the land. It also helped Indigenous people in Canada to say what they wanted.

The next case is about something that's very personal. It is about who you love. This case is called Egan v. Canada. It happened in 1995. James Egan and his partner John Nesbit had been together since 1948 - approximately 47 years by the time of the ruling. They wanted the same rights as other couples. They said that the government was not treating them fairly. The government had a law that said same-sex couples could not get the same money as other couples. James Egan said that this was not right. He said that everyone should be treated equally. The court said that the government could not treat people badly because of who they loved. James Egan and his partner did not get what they wanted right away, but the court's decision was still important. It helped to make same-sex marriage in Canada later on. This case reminded people that everyone should be treated equally. The rights of Indigenous people and the rights of gay and lesbian Canadians are very important. The cases of Calder v. British Columbia and Egan v. Canada are examples of this. Calder v. British Columbia and Egan v. Canada were cases that changed the way people think about Indigenous rights and the rights of gay and lesbian Canadians.