s14 – Freedom of Thought, Conscience, Religion and Belief

Reference re: Section 293 of the Criminal Code of Canada 2011 BCSC 1588 (23 November 2011)

Canadian Court says criminalisation of polygamy is a valid limitation on the right to freedom and liberty Reference re: Section 293 of the Criminal Code of Canada 2011 BCSC 1588 (23 November 2011) Summary This case was referred to the Chief Justice of the Supreme Court of British Columbia, Canada to determine the constitutionality of [...]

Batty v City of Toronto [2011] ONSC 6862 (21 November 2011)

Occupy Toronto and limitations on the right to protest Batty v City of Toronto [2011] ONSC 6862 (21 November 2011) Summary In Batty v City of Toronto, the Ontario Superior Court of Justice considered an application challenging the constitutional validity of a Trespass Notice issued to a group of protestors on the basis it violated [...]

Singh v France, UN Doc CCPR/C/D/102/18767/2009 (22 July 2011)

Restrictions on head dress an impermissible violation of the right to freedom of religion Singh v France, UN Doc CCPR/C/D/102/18767/2009 (22 July 2011) Summary The UN Human Rights Committee recently decided that a French regulation requiring persons to appear bare headed in identity photographs used for residency permits constitutes an impermissible limitation on the applicant’s [...]

Lautsi & Ors v Italy [2011] ECHR Application No 30814/06 (18 March 2011)

European Court of Human Rights Rules that Crucifixes in State Schools do not Violate Religious Freedom Lautsi & Ors v Italy [2011] ECHR Application No 30814/06 (18 March 2011) Summary In this case, the Grand Chamber of the European Court of Human Rights held that crucifixes in Italian State schools do not infringe the art [...]

Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011)

Religious Expression May be Limited to Protect the Rights of Child Johns & Anor, R (on the application of) v Derby City Council & Anor [2011] EWHC 375 (Admin) (28 February 2011) Summary The England and Wales High Court recently found that the right to religious expression could be limited where attitudes towards sexuality might [...]

Donaldson v the United Kingdom – 56975/09 [2011] ECHR 210 (25 January 2011)

Shamrocks and Poppies Allowed, but Easter Lilies Likely to Aggravate Donaldson v the United Kingdom – 56975/09 [2011] ECHR 210 (25 January 2011) Summary A majority of the European Court of Human Rights declared that an application concerning a ban on all prisoners in Northern Ireland wearing emblems with a political or sectarian connotation outside [...]

In the Matter of Marriage Commissioners Appointed Under The Marriage Act, 1995, 2011 SKCA 3 (10 January 2011)

‘Freedom of Religion is Not Absolute’: Same-Sex Marriage and Religious Beliefs and Convictions In the Matter of Marriage Commissioners Appointed Under The Marriage Act, 1995, 2011 SKCA 3 (10 January 2011) In a landmark ruling, the Court of Appeal for Saskatchewan, In the Matter of Marriage Commissioners Appointed Under The Marriage Act, 1995 (Marriage Commissioner [...]

R v AM [2010] ACTSC 149 (15 November 2010)

Does Freedom of Conscience Excuse Otherwise Criminal Behaviour? R v AM [2010] ACTSC 149 (15 November 2010) The ACT Supreme Court recently considered to what extent freedom of conscience under the ACT Human Rights Act 2004 (‘the HR Act’) influenced the interpretation of criminal offences.  An applicant sought to argue that her consciousness beliefs should [...]

R v NS, 2010 ONCA 670 (13 October 2010)

Balancing the Right to a Fair Hearing and the Right to Religion: Canadian Court Considers Wearing of Veil in Criminal Proceeding R v NS, 2010 ONCA 670 (13 October 2010) The Ontario Court of Appeal recently handed down a significant decision regarding the conflict between the constitutional rights of a witness in a criminal proceeding [...]

Cobaw Community Health Services Limited v Christian Youth Camps Limited & Anor [2010] VCAT 1613 (8 October 2010)

Can a Commercial Entity Discriminate against People because of their Sexual Orientation on the Grounds of Its Religious Beliefs? Cobaw Community Health Services Limited v Christian Youth Camps Limited & Anor [2010] VCAT 1613 (8 October 2010) VCAT has recently ruled that a Christian adventure resort has discriminated against a gay youth suicide prevention group [...]

Valentine v Emergency Services Superannuation Board [2010] VCAT No G585/2008 (29 July 2010)

VCAT Considers Right to Equality and Retrospective Operation of the Charter Valentine v Emergency Services Superannuation Board [2010] VCAT No G585/2008 (29 July 2010) The Victorian Civil and Administrative Tribunal has held that s 32 of the Charter does not apply retrospectively to affect the interpretation of the State Superannuation Act 1988 (Vic) insofar as [...]

Fatima Andersen v Denmark, UN Doc CCPR/C/99/D/1868/2009 (26 July 2010)

Who is a ‘Victim’ with Standing to Bring a Complaint under the ICCPR? Fatima Andersen v Denmark, UN Doc CCPR/C/99/D/1868/2009 (26 July 2010) The UN Human Rights Committee has held that to be a ‘victim’ under the International Covenant on Civil and Political Rights requires the identification of specific consequences of the conduct that forms [...]

Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010)

Freedom of Religion and Conscience Objection to Military Service Eu-min Jung & Ors v Republic of Korea, UN Doc CCPR/C/98/D/1593-1603/2007 (30 April 2010) The UN Human Rights Committee has held that the Republic of Korea violated art 18, paragraph 1 of the International Covenant on Civil and Political Rights in convicting and sentencing to imprisonment, [...]

Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales & Anor [2010] EWHC 520 (Ch) (17 March 2010)

Balancing the Right to Non-Discrimination and Freedom of Religious Belief in the Provision of Charitable Services Catholic Care (Diocese of Leeds) v Charity Commission for England and Wales & Anor [2010] EWHC 520 (Ch) (17 March 2010) The England and Wales High Court has held that it is for the Charity Commission to determine whether [...]

Whatcott v Saskatchewan (Human Rights Tribunal), 2010 SKCA 26 (25 February 2010)

Hate Speech and the Limits of Freedom of Expression and Religious Belief Whatcott v Saskatchewan (Human Rights Tribunal), 2010 SKCA 26 (25 February 2010) The Court of Appeal for Saskatchewan has unanimously held that four flyers, which contained anti-gay sentiments, were not so extreme as to violate that prohibition on hate speech under The Saskatchewan [...]

Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009)

Balancing the Right to Religious Observance with the Right to Non-Discrimination Ladele v London Borough of Islington [2009] EWCA Civ 1357 (15 December 2009) The England and Wales Court of Appeal has confirmed that a local council can compel its employee to register civil partnerships, even though this conflicts with the employee’s religious beliefs. Facts [...]

Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37 (24 July 2009)

Freedom of Religion May be Limited where Effects of Limitation are Proportionate and Justifiable Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37 (24 July 2009) In a 4:3 decision handed down on 24 July 2009, the Supreme Court of Canada allowed an appeal regarding the constitutionality of a regulation requiring photographs be taken [...]

AC v Manitoba (Director of Child and Family Services), 2009 SCC 30 (26 June 2009)

Supreme Court of Canada Balances the Right to Freedom of Religion and the Best Interests of Children AC v Manitoba (Director of Child and Family Services), 2009 SCC 30 (26 June 2009) On 26 June 2009, the Canadian Supreme Court handed down a decision which discussed in detail the right of adolescents to make their [...]

VM v British Columbia (Director of Child, Family and Community Service) 2008 BCSC 449 (13 June 2008)

The Supreme Court of British Columbia has held that the decisions of a Provincial Court and a public official to authorise medically-necessary blood transfusions for four infants against the express wishes of their parents did not breach the parents’ rights under the Canadian Charter of Rights and Freedoms. Detailed case note.