$10K fine for grocery store that opened Good Friday should have been left to magistrate: police

Winnipeg police say a $10,000 ticket given to a grocer for opening on Good Friday was issued incorrectly, and shouldn't have specified a dollar amount for the fine.

Instead, the fine issued to the owner of the Foodfare chain of independent grocery stores must be determined by a magistrate, said Winnipeg Police Service spokesperson Const. Jay Murray.

Foodfare owner Munther Zeid said last week two Winnipeg police officers handed him the $10,000 fine for opening his West Portage location on April 19 — Good Friday — in violation of Manitoba's Retail Businesses Holiday Closing Act.

The breach carries a fine of $1,000 to $10,000.

The $10,000 fine was suggested to police by Manitoba Employment Standards based on "circumstances in the history of the [retailer]," a provincial spokesperson wrote in an email Tuesday.

"The Manitoba government will be working with law enforcement partners to clarify the process used to enforce the legislation," the spokesperson wrote.

Zeid told CBC he's been keeping some of his stores open on statutory holidays for at least 20 years.

But he said he hasn't heard from either the province or police about changing the ticket, and first learned about the error in media reports.

"Neither one have called me to inform me if anything has changed," Zeid said Tuesday.

"I think … they're backpedalling, trying to make a situation that was wrong, right — which I can appreciate."

'It's not a fair law'

Zeid has said he plans to fight the ticket in court, and that won't change if his fine is lowered. He's calling on the province to change the law.

"The fine isn't the issue. It's the reason we got the fine," he said.

"It was given to us because we were open on a stat holiday, which they've said [is] against the law. But, I mean, it's not a fair law."

The Retail Businesses Holiday Closing Act includes several exceptions, which allow pharmacies, casinos, liquor stores and cannabis stores, for example, to open. Zeid said it's unfair the province is allowed to make money by opening casinos, but he can't sell groceries.

"They say it's a family day. Well, what options are you giving for a family day?"

He added he's never required an employee to work on a statutory holiday. Instead, he asks employees who'd like to work to come forward, and it's often students who do.

"They're saying that employees deserve a day off. I agree. The employees deserve a day off," Zeid said. "But employees also deserve the right to choose if they want to work on a day that allows them to make more money than they normally do."

A provincial spokesperson said the province is aware Manitobans have a range of opinions on holiday retail hours.

"There are a number of different views on the topic and we'll continue to listen to what Manitobans have to say, including small businesses, employees and consumers," the spokesperson said in an email.