LAWS 2502 Lecture 4

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Questions and Answers

What was the primary concern that led physicians to consider a blood transfusion for S.B.?

Her hemoglobin level was normal.

She showed signs of improvement.

Her hemoglobin level dropped significantly. (correct)

She had a severe allergic reaction.

Which law allowed the Children's Aid Society to intervene in the medical treatment decision for S.B.?

Ontario Medical Act

Children’s Health Protection Act

Ontario Child Welfare Act (correct)

Parental Rights Act

What aspect of the Ontario Child Welfare Act was emphasized regarding its interaction with parental rights?

It prioritizes parents' rights above children's needs.

It allows arbitrary decisions about children's health.

It provides procedural protections for parents. (correct)

It completely disregards religious beliefs.

What was highlighted as a pressing objective justifying the intervention of the state?

Protecting children at risk. Signup and view all the answers

What was the outcome for the parents due to the wardship order by the court?

They lost custody rights for the time being. Signup and view all the answers

What is the primary issue the Ktunaxa Nation is concerned about regarding the ski resort development?

Cultural significance of the Grizzly Bear Spirit. Signup and view all the answers

Which key aspect does the Ktunaxa Nation need to demonstrate regarding their beliefs?

The approval of the development interferes with their belief or its manifestation. Signup and view all the answers

What did the Ktunaxa Nation argue violated their freedom of religion?

The approval of the master agreement for the ski resort. Signup and view all the answers

What does the Ktunaxa Nation seek to protect besides their freedom to believe?

The physical presence of the Grizzly Bear Spirit. Signup and view all the answers

What is the significance of Qat’muk to the Ktunaxa Nation?

The spiritual home of the Grizzly Bear Spirit. Signup and view all the answers

What does the freedom of religion primarily entail?

The right to believe what one chooses and practice openly. Signup and view all the answers

What was the basis for the charges against Big M Drug Mart?

Selling goods on a Sunday, violating the Lord's Day Act. Signup and view all the answers

How has the Supreme Court of Canada interpreted section 2(a) of the Charter regarding religion?

Broadly, including even harmful religious practices. Signup and view all the answers

What was a significant issue raised regarding the Lord’s Day Act?

It appeared discriminatory against non-Christian Canadians. Signup and view all the answers

In Syndicat Northcrest v. Amselem, what was the religious affiliation of the individuals involved?

Orthodox Jews. Signup and view all the answers

What aspect of society is linked with the protection of freedom of religion?

The preservation of multi-cultural heritage. Signup and view all the answers

What is a defining characteristic of religion as described in the content?

It involves a belief in a superhuman power. Signup and view all the answers

Which of the following best describes 'sincerity' in the context of religious belief?

Sincerity involves deeply held personal convictions. Signup and view all the answers

What was the main reason for the Law Society of British Columbia and the Law Society of Ontario deciding not to accredit TWU's proposed law school?

TWU's mandatory covenant was seen as exclusionary Signup and view all the answers

How did the court view the interference with TWU's beliefs by the law societies?

As significant and harmful Signup and view all the answers

According to the content, what is the preferred condition for prospective TWU law students when studying law?

Studying law in an environment infused with the community's religious beliefs Signup and view all the answers

What was the primary religious objection of the Wilson Colony Hutterites regarding driver's licences?

It violated their belief in abstaining from photographs. Signup and view all the answers

What was the main justification given by the Province for the photo requirement in driver's licences?

To maintain the integrity of the driver’s licensing system. Signup and view all the answers

What statutory objectives did the decision significantly advance?

Ensuring equal access to and diversity in the legal profession Signup and view all the answers

What does the decision imply about TWU’s community members in relation to their religious beliefs?

Their beliefs may harm other students Signup and view all the answers

What impact did the universal photo requirement have on the freedom of religion for the Wilson Colony Hutterites, according to the Court's view?

The negative impact did not outweigh the benefits associated with the requirement. Signup and view all the answers

What limitation did the decision impose on TWU?

The ability to operate a law school governed by a mandatory covenant Signup and view all the answers

What is the covenant at Trinity Western University primarily focused on?

Restricting sexual intimacy to married heterosexual couples. Signup and view all the answers

Why did Trinity Western University seek to open a law school?

To provide a platform for their religious perspectives in law. Signup and view all the answers

What does the term 'mandatory covenant' refer to in the context of TWU?

A religious code of conduct that students must follow Signup and view all the answers

What consequence of exemptions to the photo requirement was highlighted by the Province?

They would increase the risk of identity-related fraud. Signup and view all the answers

What aspect of the law societies' interpretation of public interest was emphasized in the decision?

A prioritization of merit and diversity in law schools Signup and view all the answers

How did the Court characterize the necessity of the photo requirement for maintaining security?

It is essential for the integrity of the driver’s licensing system. Signup and view all the answers

What type of institution is Trinity Western University?

A private Christian university. Signup and view all the answers

Study Notes

Freedom of Religion

Defined as the right to hold religious beliefs, express them openly, and practice them.
Prevents interference with personal beliefs.
Linked to Charter's commitment to equality and minority protection.
In R. v. Big M Drug Mart Ltd., the Supreme Court of Canada determined that the Lord's Day Act violated freedom of religion by imposing Christian Sabbath observance on all Canadians.

Scope of Freedom of Religion

Includes a wide range of religious practices, even those that may be harmful to others.
The Supreme Court interprets this right broadly.

Sincerity

Amselem case: Orthodox Jews sought to practice religious rituals in their condominium complex, which was prohibited under building regulations. The Court found their religious beliefs were sincere, but the limitation was justified.

"New Religion"

Ktunaxa Nation case: The Ktunaxa sought to prevent a ski resort development on land they considered sacred and linked to their spiritual identity. They believed the development would harm their religious beliefs by forcing the Grizzly Bear Spirit to leave.
The Court determined that the Ktunaxa's beliefs were sincere, but their claim for protection of a 'spiritual entity' rather than a practice related to that entity, was not a manifestation of their freedom of religion.

Limitations

B.(R.) v. Children's Aid Society case dealt with a premature baby's need for a blood transfusion against the parents' religious (Jehovah's Witness) beliefs.
The Court acknowledged that the infringement on parental rights was serious, but the Act's purpose of protecting children justified the limitation.

Limitations: Hutterian Brethren

Alberta v. Hutterian Brethren of Wilson Colony case addressed a regulation requiring all drivers to carry a photo ID.
The Hutterian Brethren challenged the regulation based on their religious belief against creating images of themselves.
The Court accepted the sincerity of their beliefs but upheld the regulation, finding it was rationally connected to the objective of preventing identity fraud, and the benefits outweighed the infringement on religious freedom.

Limitations: Trinity Western University

Law Society of British Columbia v. Trinity Western University and Trinity Western University v. Law Society of Upper Canada cases dealt with the accreditation of a Christian university's proposed law school.
Religious rules in the university's "covenant" limited sexual intimacy to heterosexual marriage, leading to concerns about potential discrimination against LGBTQ+ individuals.
The Court found the university's beliefs sincere but determined that the limitation on accreditation was justified because it was minimally significant to the university, whereas the public interest in maintaining a diverse and inclusive legal profession was paramount.

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Description

This quiz explores the concept of freedom of religion in Canada, highlighting key cases such as R. v. Big M Drug Mart Ltd. and Amselem. Learn about the Supreme Court's interpretation of this fundamental right and its implications for various religious practices. Test your knowledge on the balance between individual beliefs and societal regulations.