The Lord's-day Case in Ontario
By A. O. Burrill
THE Supreme Court rendered judgment this morning [Feb. 27, 1905] upon the reference which had been submitted to it by the Governor-in-Council to ascertain the extent of the provincial jurisdiction in the matter of what is commonly known as “Sabbath observance legislation.” The first question was framed to ascertain whether a provincial legislature had authority to enact a statute in the terms of the draft bill laid before the court. Was the bill ultra vires in part only? What sections were within their right to enact? The members of the court, Mr. Justice Idington alone dissenting, answered these three questions by a simple negative. In other words, the bill was ultra vires [beyond the power] of the provinces from first to last. The terms of the reference went on to ask whether a province were within its powers in legislating so as to prevent any work from being performed within the province on the first day of the week, except works of mercy and necessity. The fifth question asked whether a province had the right to restrict the operations of companies of its own creation to six days in the week. The sixth question asked whether banks, insurance and loan companies, works declared to be for the general advantage of Canada, but authorized to operate within one province only, and other specified undertakings, are subject to provincial legislation regarding17Sabbath observance. The seventh question inquired whether the Ontario Legislature was within its rights in enacting its prohibition against Sunday games, hunting, controlling the operations of barber and bake shops on Sunday, ordering that parks and pleasure-grounds be closed on Sunday, and controlling the Sunday running of electric cars. The members of the court, Justices Sedgewick and Idington dissenting, declined to answer these latter questions at all. The effect of the court’s ruling, however, agrees with the recent judgment of the privy council, which declared a large portion of the provincial Sabbath observance legislation ultra vires. The extent of the federal jurisdiction was not before the court. To-day’s judgment of the Supreme Court, therefore, has no bearing upon the Dominion rights in this matter.—Toronto Mail and Empire, Feb. 28, 1905. Now that the Supreme Court of the Dominion of Canada has handed down the decision already quoted, the way is clear for the Lord’s Day Alliance to go to the Dominion Parliament for new Sunday laws. We may be sure that they will at once improve their opportunities. While this case was pending, they could not go to the lawmaking power to enact more Sunday laws. We, as a liberty-loving people, ought to send in thousands of names on our petitions to Ottawa, opposing this work of the Lord’s Day Alliance. The editor of the Toronto Globe, in an editorial in the issue of February 28, is extolling the work that the field secretary of the American Sabbath Union, S. W. Gamble, has been doing of late in this province. I am quite sure that we who have the light of the prophecy, and from that can see what is coming, have a responsibility to inform the people of this Dominion what this Lord’s Day Alliance work means. The Londale Academy press is reprinting four tracts that were circulated last year for the campaign against the persecuting power that is coming forth to deprive the people of God of their liberty. These tracts can be secured by addressing S. D. Hartwell, 167 Dundas St., Toronto, Ontario, or B. B. Noftsger, 151 Hunter St. W., Hamilton, Ontario. The price is forty cents a hundred, post-paid.