freedom of religion
Canada Summer Jobs: Attestation Sparks Debate Over Government Overreach
In December 2017, the Canadian government announced changes to its Canada Summer Jobs ("CSJ") program that sparked debate over the program's constitutionality. CSJ is a funding subsidy designed to provide students with summer work opportunities. Under the program's new changes, organizations applying for the funding—small businesses, non-profits, and other community organizations—were required to check a […]
Highwood Congregation v Wall: Decisions About the World’s Greatest Hockey Player are Not Subject to Judicial Review
Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, 2018 SCC 26 [Wall, 2018 SCC], examined which kinds of decision-making bodies are subject to judicial review for procedural fairness. A recent line of decisions had suggested that, under certain conditions, some private actors (such as political parties, churches, and soccer clubs) may be subject to the […]
CMDS v CSPO (Part 2): ONSC Weighs Religious Physicians’ Charter Claim
On January 31, the Ontario Superior Court (“ONSC”) released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first half of this two-part post, I provided a summary of the facts of the case and analyzed the Court’s reasons on standard of review and […]
CMDS v CSPO (Part 1): ONSC Weighs Religious Physicians' Charter Claim
On January 31, the Ontario Divisional Court released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first of this two-part post, I provide a summary of the facts of the case before analyzing the Court’s reasons on standard of review and the Applicants’ […]
Highwood Congregation v Wall : SCC Considers Religious Excommunication Appeal
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]
Face-Coverings and the Canadian Citizenship Oath: The Federal Court of Appeal Decides Ishaq v Canada
Few legal disputes have the potential of being as deeply divisive and politically polarizing as Canada v Ishaq, 2015 FCA 194 [Ishaq Appeal]. In addition to its potential cultural, social, political, and religious implications, this case underscores the tension between fair, democratically enacted legislation, and fundamental freedoms protected in the Charter. Although the Federal Court […]
Loyola v Quebec, Part II: Freedom of Religion for Religious Organizations
This is the second of a two-part comment on the Supreme Court of Canada (“SCC”) decision in Loyola High School v Quebec (Attorney General) 2015 SCC 12 [Loyola]. It will summarize the judgment of Chief Justice McLachlin and Justice Moldaver, which partially concurred with the majority judgment of Justice Abella. As described in Part I, […]
Race, Gender, and Religion in the Courtroom: Three Critical Implications of R v NS – Part II
In Part II of this comment on R v NS, 2012 SCC 72, I raise two additional implications of the case related to equity, inclusion and fairness. B. Religion and Culture in Bite-Sized Chunks The reasoning of the majority decision presents an incomplete picture of Canadian history and obscures “made-in-Canada” xenophobia in a way that impacts all racialized and […]
The Positive Role for Government in Freedom of Religion: SL v Commission scolaire des Chênes
In May, my colleague Ajit Singh wrote an introductory piece setting the scene for the Supreme Court of Canada’s (SCC) decision in SL, et al v Commission scolaire des Chênes, et al, [2012] 1 SCR 235 [SL]. Last week, the SCC released its decision in SL, unanimously dismissing the appeal. SL both clarifies our understanding of what […]