Among the host of public and private businesses closed New Year’s Day, the Loblaws at 60 Carlton Street in the old Maple Leaf Gardens is advertising online that it will be open from 10 a.m. to 6 p.m. This store has been open in the past on statutory holidays. Statutory holidays in Ontario represent a complete no man’s land for merchants who legally might be prosecuted but in recent years never are Most grocery stores in South Bayview are closed but Summerhill Market at 446 Summerhill Ave. in Rosedale is open from 10 a.m. until 6 p.m.
OPENINGS A BIG ISSUE
The issue of holiday openings continues to be a concern for shoppers and merchants because of the inequality and uncertainty surrounding potential prosecution. This is a story written earlier this year about openings that took place on Good Friday
Shoppers in Ottawa have split 50-50 in an Ottawa Sun poll asking whether the newly-opened Whole Foods Market there should have been doing business on the day Christ was crucified. In fact, there is no way of knowing what those opposed to the opening were thinking. The people in favour just want to shop. In the past, province-wide polls have shown a majority would support all-holiday openings. Ottawa area MPP Lisa McLeod got quite exercised about the Whole Foods opening, but merely said that Ontarians must obey the law. She did not say that she would demand that a charge be laid.
FINES AS HIGH AS $50,000
The fine might be as much as $50,000. In the past, a first offense has usually netted government coffers an amount equal to that day’s receipts. It is of interest in South Bayview because Summerhill Market opened Good Friday while other grocery stores were closed. And of course, Whole Foods is preparing to open at 1860 Bayview in Spring 2016. Will we be discussing a rogue opening by that store in April? Maybe not. The issue of holiday openings in Ontario (and Toronto) is an incredible crazy quilt of “yes” and “no” even before we get to exempted workers like movie theatre staff.
CHARTER OF RIGHTS
It is believed by some legal minds that the entire system is unsustainable in front of the Charter of Rights. But the question has never been referred to the court much less tested by the justices. And it appears there haven’t been charges laid either, perhaps because the government doesn’t want a well-heeled retailer to take it to the Supreme Court. .
