Sunday shopping court case in Nova Scotia.

Can anyone help us..there is a debate going on here. In your opinion was the Sunday shopping ban struck down? Here are some links to the court case and opinions. The public deserves the right to know in easy terms as to what the Judge has ruled in this court case.

The Courts of Nova Scotia, Sobeys Group Inc. v. Nova Scotia (Attorney General), 2006 NSSC 290

Employment Standards Law E-Bulletin


Retail Business Uniform Closing Day Act

Blind Ambition: Shopocracy

Any help would be appreciated.

That specific order is invalid--but a new one can be made it would seem...


[an order will issue declaring that s.3(1)(a)(ii),s.3(2),s.3(3) and s. 3(4) of the Order in Council 2006-315, N.S. Regulation 98/2006 dated June 28, 2006 enacted pursuant to the Retail Business Uniform Closing Day Act , R.S.N.S. 1989, c. 402 are invalid, ultra vires and of no force and effect.]

here was the emain problem:

[these regulations do not give to Cabinet the power to discriminate in the manner which it did in this case. Cabinet cannot discriminate either as to the size of the retail outlet or the corporate structure of it without the requisite regulatory power. Such power is neither express or implied in Section 8 of the Act. ]

But it seems a Sunday ban can still be vaild if enacted properly?