Was the Nova Scotia Plebiscite on Sunday shopping binding?
Plus an email response from Honorable Charlie Parker, Speaker of the Nova Scotia House of Assembly regarding the court decision.
In 2004 as many of you are well aware, we had a vote on Sunday shopping. So many people were confused as the media did not broadcast whether it was binding or not. On this web site it's clearly quoted " In 2004, Nova Scotia held a non-binding plebiscite on whether to allow Sunday shopping. The result was a slight victory for the No side although the government went ahead and legalized Sunday Shopping the following year after a court decision overturned the law."
Since there was so much confusion about the decision, I decided to send an email to Honourable Charlie Parker, Speaker of the Nova Scotia House of Assembly.
Charlie Parkers response,
The following is a response to your e-mail of April 9, 2010 by the Honorable Charlie Parker, Speaker of the Nova Scotia House of Assembly:
April 14, 2010
Dear Tony,
Thank you for your e-mail of April 9, 2010 regarding Sunday shopping. Your query was whether the October 2004 plebiscite was a binding one. It was at the time. Fully open Sunday shopping was rejected except for a pre-Christmas period. I might point out, however, that the legislation which controlled Sunday shopping at that time - the Retail Uniform Closing Day Act, had by memory, over 25 exemptions allowing certain types or sizes of businesses to be open on Sundays.
Sunday shopping restrictions were opposed by certain businesses in 2006. As the result of a court case wherein the judge sided with the arguments advanced on behalf of the businesses, Sunday shopping restrictions were effectively rendered a nulllity in Nova Scotia.
The Legislature passed a new Act entitled The Retail Business Designated Closing Day Act in 2007 which, along with the Remembrance Day Act, protects certain holidays (and thus restricts business opening on those days) but does not restrict Sunday store opening.
Thank you again for getting in touch.
Sincerely,
Charlie ParkerSpeaker
Charlie Parker was correct in telling us that the Sunday shopping plebiscite was binding and it's clearly noted on the Nova Scotia government web site. However Charlie Parker is not being truthful by making claims that the courts struck down Sunday shopping. Maureen MacDonald, our current health minister, while in opposition made these comments regarding the Plebiscite.
http://www.gov.ns.ca/legislature/hansard/han60-1/house_06nov01.htm#I[Page%20918]
MS. MAUREEN MACDONALD spoke at the Legislature on WEDNESDAY, NOVEMBER 1, 2006 "Mr. Speaker, but certainly their position added to the confusion and perpetuated the idea that somehow the courts had struck down Sunday shopping in our province. That simply did not occur."
Mark Parent has also confirmed to us that the courts never struck down Sunday shopping.
On the courts web site it clearly states, "Well, what this application is about is not about social or political considerations. It’s not about the appropriateness of Sunday shopping, nor is it about the power of the legislature to pass an Act dealing with Sunday shopping. This case, this application is about one fact and it is about the scope of the Cabinet’s power to pass Regulations pursuant to the Act."
All this information was sent to Charlie Parker and he hasn't responded to our email. So our next question is "Did the government act illegally"?
Yes, in my opinion, all parties in our legislature let us all down and broke the law. A binding plebiscite means that the government must abide by the results. No where did the Judge open the doors to Sunday shopping. How sad it is that all parties ignored a democratic vote!!! But what can we expect from them considering the spending scandal and the amounts of money that was stolen from the taxpayer. Seriously, to continue to remain silent about a democratic vote that was binding isn't the right thing to do. As taxpayers and citizens of this province, we have to hold these people accountable. Think about it! What's next? What will we have a public vote on that will be ignored if the governing party doesn't like it? The Pandora box is open and the good people of this province have allowed this to happen.
Did you know our MLA's get to enjoy all their week-ends off and all of the holidays? But retail workers are made to feel guilty because other people work on Sundays. However, our politicians don't and they make a lot more money than those minimum wage earners do.
To make a major difference we all must continue to be vocal. So why not take that first step and contact our local MLAs and the premier and tell them to reinstate the Sunday shopping ban. After all, the Sunday shopping ban was not struck down and the government acted illegally.
The Nova Scotia government should set up a program to support our families and business through out the province. Encourage a balance between work and family time. Why not praise employers who offer their staff a balance in life? Giving them that time to be together. Seven day week shopping is ruining the province. The UK is headed on the right track - Top Employers for Working Families.
I'm very disappointed with Charlie Parker and every member in the legislature. Our families should be at the top of their list not at the bottom of it.
Link to Keep Sundays special check it out
