Section 2(a): Freedom of Religion

Section 2 of the Charter of Rights and Freedoms:

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;…

Trinity Western University v. Nova Scotia Barristers’ Society, 2015 NSSC 25

In TWU v. NSBS, Nova Scotia’s Supreme Court delivered a resounding vindication for freedom of religion last month, overturning a Nova Scotia Barristers’ Society regulation which would have prohibited Trinity Western University graduates from practicing law in that province. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(a): Freedom of Religion

Saskatchewan (Human Rights Commission) v. Whatcott, 2013 SCC 11

The Whatcott case was brought to the Supreme Court of Canada on appeal from the Saskatchewan Court of Appeal, which had found that a number of pamphlets critical of homosexual behaviour did not meet the test for “hate speech” under Saskatchewan’s Human Rights Code. Continue reading

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Filed under Section 2: Fundamental Freedoms, Section 2(a): Freedom of Religion, Section 2(b): Freedom of Expression

R. v. N.S., 2012 SCC 72

Two accused persons stood charged with sexually assaulting N.S. When called to testify, N.S. stated that she wished to wear a niqab which covered her face, and which she insisted was a necessary part of her Muslim faith. Continue reading

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Filed under Section 11(d): Presumption of Innocence, Section 2: Fundamental Freedoms, Section 2(a): Freedom of Religion, Section 7: Life, Liberty, & Security of the Person