The Ontario Sunday Law
By G. B. THOMPSON
The recent decision of the English privy council declaring that the Sunday law of Ontario is unconstitutional in that it is not a matter within the scope of the Canadian provinces to legislate upon, bids fair to have quite a material effect upon the Sunday question in Ontario. I clip the following from the Hamilton Spectator of July 16, 1903:— “John Charlton, M. P., who has for many years interested himself in the Lord’s day act, in an interview at Ottawa yesterday, said the decision of the privy council is a very surprising one in view of the stand taken by the several premiers of Ontario that the enactment of laws governing the Lord’s day came within the jurisdiction of the province, except, perhaps, in the case of railways and canals, which were controlled by the federal government.” “Mr. Charlton first introduced a Lord’s day act under the old Macdonald régime, and again under Abbott, then under Sir John Thompson. All these premiers held in debate that the federal government would be infringing on provincial rights if such a law were made a Dominion law except in the case of railways and canals, and Sir John Thompson thought Sunday newspapers. Sir Wilfrid Laurier has also taken the same view. Now the judicial committee of the imperial privy council has taken the stand that Justice Armour took some time ago that the profanation of the Lord’s day should be classed as a crime, the jurisdiction over which belongs exclusively with the Dominion. Mr. Charlton thinks that the judgment of the privy council will have a very far reaching effect, and also that it will be difficult to secure a Dominion law to control the observance of the Sabbath. It is very difficult to define where the provincial jurisdiction left off and the federal jurisdiction began.” It would seem that the privy council hold that it is proper that the Dominion parliament should legislate upon the matter of Sabbath observance. It is a matter of regret that the council does not see that it is a matter wholly beyond the purview of earthly governments. The present upset of Sunday laws is purely on technical grounds, but will perhaps bring deliverance for a while to those who desire to worship the God of their fathers according to the dictates of conscience. The Lord’s Day Alliance, however, while surprised and disconcerted for a time, has no intention of giving up the struggle, as the following from the Spectator indicates:— “TORONTO, JULY 16.—The members of the Lord’s Day Alliance, while naturally disappointed at the judgment delivered by the privy council on Tuesday last, declaring the Ontario Lord’s day act ultra vires in its present form, are not disposed to regard the judgment as one militating against them to any great extent. The effect of the decision may be that steamboat excursions may be run on Sunday, but the alliance claim that, independent of the Lord’s day act, there is enough legislation still in existence in the province to prevent the running of Sunday street cars on lines which have hitherto been denied that privilege. Chief Justice Armour, while declaring that the Lord’s day act was ultra vires, stated also that chapter 104 of the consolidated statutes of Upper Canada was still in force, having never been repealed by competent authority. Section 1 of this act is identical with section 1 of the Lord’s day act, the latter section being copied directly from the older statute. This section is sufficient to accomplish much, and perhaps all that the Lord’s Day Alliance hoped to gain by the passing of the later piece of legislation. “Owing to the meagerness of the information received by cable as to the extent of the judgment, the members of the alliance do not feel disposed to admit that there is any need to abandon hope for subsequent legislation by the provincial legislature along the same line. Mr. O’Meara’s cable, which is the lengthiest message yet received, states that the bill was declared ultra vires in its present form. He says also that the judges considered the word ‘profanation,’ in its title, to be important, as showing its religious character, and thus bringing it under the jurisdiction of the Dominion government. The general question of the province’s jurisdiction is still open. The alliance members see in this ground for belief that the main provisions of the act, if framed in different shape, would be found able to stand even the scrutiny of the supreme court. In support of this, they point to the shops regulation act, which prohibits Sunday trading and labor, and it is under this act that barber shops have been closed on Sunday. The electric railways act, too, contains a section which is incorporated in every subsequent charter, prohibiting Sunday operation of lines. The validity of these enactments has never been disputed, although their purpose is identical with that of the disputed clauses of the Lord’s day act.”