| Freedom of religion is part of the Fundamental Freedoms program. You can find more information about it on its main program page. |
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Freedom of Religion
By Cara Zwibel on February 17, 2012
The Supreme Court of Canada has rendered its decision in the case of S.L. v. Commission scolaire des Chenes, a case in which parents sought an exemption for their children from Quebec’s mandatory Ethics and Religious Culture (ERC) course. The Supreme Court found that the refusal to grant an exemption did not violate the parents’ freedom of religion in this case. While the Court accepted that the parents had a sincere belief in the need to pass on the precepts of their religion to their children, the Court found that the ERC course did not interfere with this obligation in an objective way and therefore freedom of religion was not infringed. CCLA intervened in this case to ensure that ‘sincerity of belief’ remains the approach to assessing freedom of religion claims. While the Court did affirm this test and rejected relying on religious experts or leaders, the Court’s statement that there is a need to show an infringement on an objective basis is somewhat concerning as it has the potential to dilute the protection of freedom of religion under the Charter. It remains to be seen what impact this decision will have on the protection of freedom of religion generally and ongoing issues around religion in the schools. Read a copy of the CCLA’s factum in the case here (in French).
By Cara Zwibel on January 17, 2012
The issue of public school boards distributing Gideon Bibles is once again before some Ontario school boards. CCLA has previously expressed concerns about this practice and wrote about the issue to the Waterloo Region District School Board (WRDSB) on a number of occasions. The WRDSB subsequently rescinded their policy on the distribution of non-instructional religious materials and ceased the practice of allowing the Gideons to distribute Bibles to students. You can read more about the CCLA’s previous work on this issue here. CCLA has recently learned that the Bluewater District School Board is currently considering policy options around their ongoing practice of allowing Bible distribution. In addition, it appears that the practice may also be occurring in schools in the Grand Erie District School Board. CCLA has written to both of these boards raising concerns about this practice and policies that may allow for the proselytization of religion to public school students. Read CCLA’s letter to the Bluewater District School Board here. Read CCLA’s letter to the Grand Erie District School Board here.
By Cara Zwibel on December 8, 2011
The Supreme Court of Canada will consider an appeal which looks at the issue of whether a sexual assault complainant may testify in Court while wearing a niqab for religious reasons. The case, on appeal from the Ontario Court of Appeal, arose when one of the defendants in a sexual assault case claimed that his right to full answer and defence was infringed by the complainant, N.S., testifying while wearing her niqab (at the preliminary hearing). He argued that in order to effectively cross-examine the complainant, it is essential to be able to observe her demeanour. CCLA intervened in the Court of Appeal and was also granted leave to make written submissions at the Supreme Court of Canada. CCLA has argued that religious freedoms must be respected and that allowing a woman to testify while wearing her niqab promotes trial fairness. CCLA has also pointed out ongoing concerns about the use and value of demeanour as an indicator of credibility. The Supreme Court will hear arguments in the case on December 8, 2011. Read a copy of the CCLA’s Supreme Court of Canada factum here.
By Noa Mendelsohn Aviv on September 22, 2011
The CCLA has written to the Minister of Northern Development, Mines and Forestry (MNDMF) regarding a potential threat to traditional aboriginal burial sites and sacred lands that has resulted from a proposed mining and development project. In its letter, CCLA reminded the Minister of certain implications of Canada’s constitutional protection for freedom of religion, including the right to define the scope and manner of expression of spirituality, subject to reasonable limits. CCLA’s letter also sets out certain rights protected at international law, including the right of Indigenous peoples to maintain and protect manifestations of their cultures, including historical sites; and the right to access in privacy religious and cultural sites. To read a copy of CCLA’s letter, click here. Update (March 8, 2012): Click here to read a letter from the Primate of the Anglican Church of Canada to Premier Dalton McGuinty supporting KI’s concerns.
By Cara Zwibel on July 26, 2011
The CCLA is deeply concerned about the situation in Alberta, where a community has been repeatedly denied a public secular school option for their children. The Greater St. Albert Catholic Regional Division (“GSACRD”) is the public school board in the Greater St. Albert region. This school division offers an education where “Catholic theology, philosophy, practices and beliefs, the principles of the Gospel and teachings of the Catholic Church, are made accessible to students, including in the curriculum of every subject taught, both in and outside of formal religion classes, celebrations and exercises”. Although a Protestant separate school board also operates in some parts of Greater St. Albert and is largely secular, no such schools exist in the towns of Morinville or Legal. Thus, for parents in these two communities, there is simply no secular public option. CCLA believes that the failure to provide parents with a secular public school option is in violation of constitutional guarantees. The CCLA has also sought clarification from the GSACRD about the legal basis on which it, as a public school, can provide an education that is fully permeated with religion. Alberta law explicitly provides that students are to be permitted to leave the classroom when religious instruction or exercises take place, but a school where religion permeates all activities renders these laws ineffective. The constitutional framework that is relevant in Alberta also appears to preclude an education of this kind. Most recently, parents in the town of Morinville were told that a secular school option would be made available within their town, by a neighbouring school division. This compromise does not solve the problem, however, since parents who send their children to this school cannot participate in the governance of the school board or even vote for trustees, since they don’t live in the district. In any event, it has recently been suggested that this plan cannot be put in place because it is financially too costly. Parents in this community are once again unsure of whether or how they can secure a public secular education for their children. The CCLA finds this unacceptable and urges the school board to act promptly to ensure that the constitutional rights of parents and students in thier community are respected and a public secular school option is provided.
By Communications on July 11, 2011
The debate over whether religion belongs in public schools has picked up again, with regards to whether – and to what extent – should a school accomodate students’ religion. The current debate focuses on a public school in Toronto that makes its cafeteria available to its (majority) Muslim students for Friday prayer Here are some links and resources: >> National Post – HolyPost – Q&A: Canadian Civil Liberties Association’s Cara Zwibel on religion in schools – July 6, 2011 >> Globe & Mail – Editorial – Public schools cannot be places of prayer – July 8, 2011 >> National Post – Chris Selley’s Full Pundit: A public school is not a mosque – July 11, 2011 >> Toronto Star – Heather Mallick: Time for someone to speak up for shy young girls – July 10, 2011 >> Cara Zwibel on the Jeff Allan Show (570 News) – July 11, 2011 Audio clip: Adobe Flash Player (version 9 or above) is required to play this audio clip. Download the latest version here. You also need to have JavaScript enabled in your browser. >> More on CCLA’s work on freedom of religion
By Cara Zwibel on May 10, 2011
On May 18, 2011 the Supreme Court of Canada will hear arguments in S.L., et al. v. Commission scolaire des Chenes, et al. This case will consider whether a school board’s refusal to exempt students from a portion of the curriculum violates freedom of religion under the Canadian and Quebec Charters. The controversy arises out of Quebec’s Ethics and Religious Culture curriculum which is mandatory for students in Quebec at most grade levels. Some parents have objected to their children being exposed to the course, arguing that it is not neutral with respect to religion and that requiring their children to participate in the curriculum is a violation of their religious freedom, which includes the right to raise their children according to their faith. The parents have been denied the exemption at each stage, and have appealed to the Supreme Court of Canada.
The CCLA is intervening in the case to stand up for the religious freedom of individuals and, in particular, to affirm that the test to be considered by the Court when a freedom of religion claim is raised is the “sincerely held belief” test. Although the court below looked to religious doctrine and testimony from religious experts, the CCLA argues that using this evidence to decide whether a breach of freedom of religion has been established is fundamentally flawed. Freedom of religion is intimately linked to personal liberty and autonomy, and therefore must include the right to deviate from some of the practices and beliefs which may be considered mandatory by religious officials or leaders. The CCLA acknowledges that not all exemptions sought by parents will be feasiable or reasonable, but argues that school boards must consider opportunities for reasonable accommodation when religious freedom has been breached. In this case, that may include considering alternative curriculum options that would fulfill the curriculum’s goals and considering the best interests of the student where their views may come into conflict with their parents.
By Cara Zwibel on January 10, 2011
The Saskatchewan Court of Appeal has handed a victory to advocates of equality in rendering its decision in a reference on proposed amendements to Saskatchewan’s Marriage Act. The proposed amendments would have allowed provincially appointed marriage commissioners to refuse to perform civil marriages where to do so would conflict with their religious beliefs. The amendments were proposed in large part because of objections by some commissioners to same-sex marriage, which became legal in Canada in 2004. The proposed amendments are also broad enough to allow commissioners to refuse to perform marriages on other grounds, including objections to inter-faith and inter-racial unions. A unanimous five-judge panel of the Court of Appeal concluded that the proposed amendments were unconstitutional as they violated the right to equality in a way that could not be justified. The CCLA, represented by special counsel Merrilee Rasmussen, intervened in this case to argue that the proposed amendments were unconstitutional as they violated the Charter’s fundamental right to equality. The CCLA argued that the amendments would risk creating a system of unequal access to basic government services. While the CCLA has always been, and remains, a staunch advocate of freedom of religion, the core function of marriage commissioners is to preside over civil marriages and, in Saskatchewan, marriages are performed either by religious officials or civil commissioners. The CCLA has advocated for the right of religious officials to refuse to perform ceremonies that are contrary to the tenets of their faith, but believes that as marriage commissioners are hired to perform a secular government service, they must serve the public equally. Read the CCLA’s factum here. Read the Saskatchewan Court of Appeal’s decision here.
By Noa Mendelsohn Aviv on January 10, 2011
A reference on proposed amendments to Saskatchewan’s Marriage Act which would have allowed provincially appointed marriage commissioners to refuse to perform civil marriages where to do so would conflict with their religious beliefs. CCLA intervened to argue that the amendments would unjustly violate the right to equality of same-sex couples and thereby risk creating a system of unequal access to basic government services.
By Cara Zwibel on December 15, 2010
CCLA is deeply concerned about a resolution passed by the Waterloo Region District School Board (WRDSB) allowing Gideons International to distribute the Gideon Bible to grade 5 students. Schools will be sending home consent forms to all students in the fifth grade and providing the Gideon Bible to those students whose parents consent. CCLA expressed concerns about this practice in 2009 and has written to the school board on two occasions again this year to articulate the particular problems raised by the policy and its implementation. CCLA has also been contacted by a number of members of the Waterloo community who have expressed their concerns as well. The matter has been widely covered in the media and a petition has been started by local community members urging the Board to reconsider its decision. |
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