The Supreme Court of Canada has stated that the universal photo requirement was a justifiable infringement on the freedom of religion. The Court released its decision in Alberta v. Hutterian Brethren of Wilson Colony on July 24th, 2009. The CCLA, represented by Mahmud Jamal, Colin Feasby and David Grossman (Osler) had intervened in the case to support freedom of religion.
The Hutterian Brethren of Wilson Colony believe that the Second Commandment prohibits them from having their photograph taken. The province of Alberta had until 2003 accommodated their religious objection in the context of the required photograph on driving licences. In 2003, in the context of developing a new facial recognition data bank, Alberta decided to make the requirement of a digital photography mandatory and to eliminate the religious exception.
Both the chambers judge and the majority of the Court of Appeal held that the infringement of freedom of religion was not justified under s. 1 of the Charter. Read the judgment.
