open thanksgiving day??

I get the pleasure of working 1900-0700 starting Thanksgiving night (three extra hours above normal shift) because the sale starts at 2200 that night this year rather than early the next morning like it has in years past. I am just hoping that I am able to avoid working on a cash register and and help deal with the no doubt massive lines on every register. Pushing carts or helping carry out the big 47" big screen that someone is absolutely positive will fit in their Honda Civic along with their two passengers sounds better to me.
Still sounds to me like the higher-ups in the company are worshiping the dollar just to sell more relatively unimportant "junk" at a time that people could be spending with family.

 

Thanksgiving (Canadian or otherwise) isn't even a holiday here. Day off? Hardly.

As for Christmas, I usually don't have any issue getting it off. It's not as important here as other holidays (Chinese New Year or Hari Raya Puasa).

 

First of all, the Canadian Charter of Maybes and Freedoms is a joke since either the provincial or federal governments can always invoke the Notwithstanding Clause to overrule any freedom you think you might have.

Secondly, of course the government has the role of establishing rules for commerce, including hours of work, and it's appropriate that they do so. The Union movement of the early 1900's was largely because governments' laissez-faire attitude towards businesses. It was a grassroots movement that the government finally realised was not only legal, but appropriate. Many, if not most, labour laws concerning minimum wage, hours of work and business, safety standards, etc. have their roots there. Today we accept these things as not only legitimate, but proper regulation of businesses. It IS the government's job to do so, because businesses won't self-regulate.

That said, should the government force retail and service businesses to close for National Holidays? I think so. The concept of a National Holiday is that it should be a HOLIDAY for everyone in the nation not involved in an essential service. Yes, some holidays are historically religious, but have been commercialised to the point that they can legitimately be considered secular these days.

 

To say it is a joke is to make clear that you don't understand how it works. It is a compromise, but it works. Without it, we would not have had the Charter of Rights and Freedoms.

 

You're correct, my first post was generally overbroad. I was commenting specifically on their power to force closure for some arbitrary reason not connected to a pressing objective. I think forcing closure for holidays is entirely arbitrary, and I think the courts would agree with me.

Might I suggest you read R. v. Big M. Drug Mart Ltd. [1985] - It was the Supreme Court case dealing with the Lord's Day Act that stated Sunday closure laws were unconstitutional. It could theoretically be applied to any forced closure for arbitrary grounds, due to the freedom of conscience covering secular activity. If we're going to force closure of businesses for holidays, why just the Christian ones? Why not give everyone a stat holiday on Yom Kippur? Or on Eid Al-Fitr? In any case, the Crown would have a hard time stating that the country should shut down if there weren't a very clear and pressing objective behind the holiday (see: Oakes Test for Section 1). I don't think there is one that is so pressing as to override a Charter right.

I would LOVE to see the Government argue this in court. Pass the popcorn!

As for your suggestion the Charter is a joke due to the notwithstanding clause, you demonstrate a lack of political awareness as to the consequences of using the clause. It is basically political suicide on the Federal level, which is why it has never been used. Even if it is invoked, it has a sunset clause at 5 years for re-evaluation. It has only ever been used once in any meaningful way (Bill 101 in Quebec) and hasn't been invoked in almost 30 years.

 

i agree 100%
--- merged: Nov 18, 2011 4:27 PM ---
someone stated that they hope if fails miserably, i agree.

i always enjoy the day off sitting and watching football and feeding my face with my family.
i went to dollar general the other day and they told me that they would be open all day on thanksgiving and asked me if wanted a sale paper. 2 things first, its dollar general, why do they have a sale paper??
second, when the lady told me that she looked like someone had shot her dog. she was clearly not a happy camper. i politely told her no that i would not like one, but thanks anyway.

 

Kohls is open because Target is open and both of them are competing with Walmart.

I've serviced point of sale terminals in a past life. You couldn't pay me to step foot in a store on Black Friday, my PTSD would kick in. I may be scanning Amazon or Newegg from home, though, a good deal on something I'd buy anyway is always good.

I'm on call 24x7. If some major network outage occurs while the grandkids are opening presents on Christmas Day, I will be logging in and working the issue. That's what I do for a living and what I signed up for.

 

The assistant manager said the other night that they expect to process $400,000 worth of merchandise by midnight on the 24th. In just two hours.

 

And that is why they are open.

 

Since actually working has been brought up, I didn't mind working Thanksgiving Day and Christmas Day when I worked at a movie theatre. It was surprisingly busy, but not crazy-retail-busy. We got time and a half, which is why I always signed up to do it (at the time, my family celebrated Thanksgiving the day after, and most of our Christmas stuff was done on Christmas Eve and very early Christmas morning.)

I don't think you could pay me enough money to work retail during the holidays, though. It's bad enough working in a restaurant on the big Eating Out Holidays (Mother's Day, Father's Day, Valentine's Day.)

 

ill believe it whn i see it

 

Unfortunately I will be seeing the crowds at least, no matter what the final dollar tally is. The night should pass quickly with so activity.

 

I hate it for you. i wish you coule be at home or elsewhere. who knows if yallturn a good profit from the One billion dollars projected in sales then your boss will give yall a cut.

 

for the dolla dolla bills y'all

 

You are forgetting Alberta's use of the clause to strike down the definition of marriage that included same-sex marriage in 2000. But you are right about the sunset clause. The term is 5 years because that is the maximum time any sitting government can sit before facing an election. The public has to option of voting the government out in favour of another that will not renew the use of the clause.

 

True, but in that case the SCC overruled them anyway, so it's kinda a moot point.

 

I suppose it is moot but it is contemporary example of a province using it. It underscores how little the clause is used. Any government using it would have to think long and hard before doing so, as there is a very good chance that they will no longer be in power come the next election.

 

Getting off topic, but... a little known aspect of the Notwithstanding Clause is that it CAN (hasn't yet, but CAN) be used to overrule a Supreme Court ruling that something is unconstitutional. The Constitution is the supreme law of the land, and the Notwithstanding Clause allows the governments to say not only notwithstanding the wording of the constitution, but also notwithstanding any court decisions to the contrary. Has it been used a lot? No. Is it a travesty of rights that it exists? Yes.

Back to opening on statutory holidays... the very implication of a statutory holiday (a holiday by statute) suggests government has the right to imply restrictions on commerce on that day. Blue Laws were appropriately struck down because they were arbitrary and biased. A statutory holiday may be arbitrary, but it should be unbiased. If it is, and I would argue Thanksgiving is, then regulating business on that day is certainly appropriate.