Religion

Quebec’s Religious Neutrality Bill: What a Leave to Appeal Could Mean for Bill 21

Appeal Watch: Religiosity in Government to be Deliberated by SCC in MLQ v City of Saguenay

Over the past couple of decades, there have been calls to remove God from Canada’s national anthem, ban the wearing of religious symbols by public servants in Quebec, and abolish the recitation of the Lord’s Prayer (Freitag v Penetanguishene (Town) (1999), 47 OR (3d) 301 [Freitag]) during town council meetings in Ontario. The Bouchard-Taylor Commission on reasonable accommodation […]

Blackmore v The Queen: Separate Tax Treatment of Communal Religious Organizations Not Available to Polygamous Mormon Group

Section 143 of the Income Tax Act (ITA), colloquially known as the “Hutterite rule”, provides for the separate tax treatment of communal religious organizations that satisfy the definition of a “congregation” as defined in subsection 143(4). This section was enacted in response to litigation undertaken by a number of Hutterite colonies in 1977. Following its […]

Race, Gender, and Religion in the Courtroom: Three Critical Implications of R v NS - Part I

At first glance, R v NS, 2012 SCC 72 [NS], appears to be a case about the limits of religious accommodation in Canadian courtrooms. While this issue is a significant concern, what is equally important about this case is the insight it provides into the Court’s ability to adequately address issues of equity, inclusion, and […]

Peeling Back the Court’s Decision in R v NS

On December 20th, 2012, the Supreme Court of Canada released its decision in R v NS, 2012 SCC 72 [NS]. As Kirk Makin stated in an article written for the Globe & Mail: “The key question for the judges was: Can religious ritual and observance trump the right of defendants to a fair trial? While the court […]