The Scope And Content Of Freedom Of Religion In Canada

Author : Delphine Nakache
Publisher : Omn.Univ.Europ.
Page : 112 pages
File Size : 40,9 Mb
Release : 2018-02-28
Category : Law
ISBN : 6131564361

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The scope and content of freedom of religion in canada by Delphine Nakache Pdf

Despite the absence of a separation of church and state in legal texts, the Canadian state must refrain from adopting measures that have the objective or the effect of restricting a religious belief/practice and favouring one religion over another. Yet a proper understanding of "state neutrality" within the Canadian context calls for a cautious interpretation of this term. First, church/state separation does not necessarily entail the removal of religion from public space. Second, given Canada's multicultural tradition, freedom of religion has been interpreted as requesting the state to make reasonable accommodation for religious minorities if discrimination arises in the application of a norm or an otherwise legitimate public policy. Freedom of religion is not absolute, and courts have developed a two-step test to ascertain whether the infringement of the claimant's religious freedom can be reasonably justified by state intervention. This test is not easy to apply for front-line decision-makers routinely faced with requests for accommodation. Key legal parameters, however, are worth considering.

Author : Richard J. Moon
Publisher : UBC Press
Page : 327 pages
File Size : 45,9 Mb
Release : 2009-05-01
Category : Religion
ISBN : 9780774858533

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Law and Religious Pluralism in Canada by Richard J. Moon Pdf

Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.

Author : Mary Anne Waldron
Publisher : University of Toronto Press
Page : 313 pages
File Size : 46,9 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781442613843

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Free to Believe by Mary Anne Waldron Pdf

Free to Believe investigates the protection for freedom of conscience and religion – the first of the “fundamental freedoms” listed in the Canadian Charter of Rights and Freedoms – and its interpretation in the courts. Through an examination of decided cases that touches on the most controversial issues of our day, such as abortion, same-sex marriage, and minority religious practices, Mary Anne Waldron examines how the law has developed in the way that it has, the role that freedom of conscience and religion play in our society, and the role it could play in making it a more open, peaceful, and democratic place. While the range of cases explored will be of interest to scholars, Free to Believe is also written in an accessible style, with legal terms and concepts explained for those who wish to learn accurate, detailed information about the impact of the law on contemporary social policy issues. As such, this book widens the debate about this fundamental freedom and the influence of public opinion on what is often a misrepresented and misunderstood issue.

Author : Kevin Vallier,Michael E. Weber
Publisher : Oxford University Press
Page : 329 pages
File Size : 47,6 Mb
Release : 2018
Category : Law
ISBN : 9780190666187

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Religious Exemptions by Kevin Vallier,Michael E. Weber Pdf

Religious exemptions have a long history in American law, but have become especially controversial over the last several years. The essays in this volume address the moral and philosophical issues that the legal practice of religious exemptions often raises.

Author : Walter Surma Tarnopolsky,Bible Holiness Movement
Publisher : Unknown
Page : 27 pages
File Size : 46,5 Mb
Release : 1985
Category : Freedom of religion
ISBN : 0920019129

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Religious Freedom by Walter Surma Tarnopolsky,Bible Holiness Movement Pdf

Author : Richard Moon
Publisher : Essentials of Canadian Law
Page : 215 pages
File Size : 51,5 Mb
Release : 2014
Category : Law
ISBN : 1552213641

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Freedom of Conscience and Religion by Richard Moon Pdf

When the Canadian Charter of Rights and Freedoms was enacted in 1982, the first of its fundamental freedoms seemed less significant and less interesting than many of its other rights. However, the Salman Rushdie affair, the 9/11 attacks, and later the publication of the "Danish Cartoons" helped to move religion or religious difference to the forefront of public consciousness. These events seemed to confirm that religion, or at least particular religions, represented a threat to the values of liberal-democratic society. Religious freedom issues that may have been minor and easily resolved "on the ground" were increasingly seen through this lens of intractable conflict, and as opening the door to a broader threat to Western democracy. In Canada, anxiety about religion has been far less acute than in Europe or in the United States. Nevertheless, concern about the character of religion has shaped the public reaction to religious diversity and freedom. This has been most powerfully so in Quebec where, as in Europe, national identity remains a concern, and the political role of the Catholic church in the recent past has caused many to be wary of the visibility of religion in the public sphere. The book reviews the basic history of religious freedom in Canada; looks at state support for religion, including the place of religious practices and symbols in public institutions and the role of religious values in public decision making; the restriction or accommodation of religious practices by state action; religious restriction in particular contexts; state support for religious schools; freedom of religion in the context of the family, and in particular, the parent-child relationship; and freedom of conscience component of section 2(a)

Author : Benjamin L Berger,Richard Moon
Publisher : Bloomsbury Publishing
Page : 221 pages
File Size : 52,8 Mb
Release : 2016-06-16
Category : Law
ISBN : 9781849467155

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Religion and the Exercise of Public Authority by Benjamin L Berger,Richard Moon Pdf

"In the burgeoning literature on law and religion, scholarly attention has tended to focus on broad questions concerning the scope of religious freedom, the nature of toleration and the meaning of secularism. An under-examined issue is how religion figures in the decisions, actions and experiences of those charged with performing public duties. The point of contact between religion and public authority has generated a range of legal and political controversies around issues such as the wearing of religious symbols by public officials, prayer at municipal government meetings, religious education and conscientious objection by public servants. ... By examining the exercise of public authority by individuals who are religiously committed ... this volume exposes the assumptions about legal and political life that underlie the concept of state neutrality and reveals its limits as a governing ideal."--Page [i].

Author : Heiner Bielefeldt,Nazila Ghanea-Hercock,Michael Wiener
Publisher : Oxford University Press
Page : 701 pages
File Size : 42,9 Mb
Release : 2016
Category : Law
ISBN : 9780198703983

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Freedom of Religion Or Belief by Heiner Bielefeldt,Nazila Ghanea-Hercock,Michael Wiener Pdf

"Freedom of Religious or Belief: An International Law Commentary is the first commentary to look comprehensively at the international provisions for the protection of freedom of religion or belief, considering how they are interpreted by various United Nations Special Procedures and Treaty Bodies." -- Back cover.

Author : Karen Taliaferro
Publisher : Cambridge University Press
Page : 181 pages
File Size : 55,9 Mb
Release : 2019-10-17
Category : Law
ISBN : 9781108423953

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The Possibility of Religious Freedom by Karen Taliaferro Pdf

A theory of religious freedom for the modern era that uses natural law from ancient Greek, Jewish, Christian and Islamic sources.

Author : Brian J. Grim,Roger Finke
Publisher : Cambridge University Press
Page : 273 pages
File Size : 50,5 Mb
Release : 2010-12-06
Category : Social Science
ISBN : 9781139492416

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The Price of Freedom Denied by Brian J. Grim,Roger Finke Pdf

The Price of Freedom Denied shows that, contrary to popular opinion, ensuring religious freedom for all reduces violent religious persecution and conflict. Others have suggested that restrictions on religion are necessary to maintain order or preserve a peaceful religious homogeneity. Brian J. Grim and Roger Finke show that restricting religious freedoms is associated with higher levels of violent persecution. Relying on a new source of coded data for nearly 200 countries and case studies of six countries, the book offers a global profile of religious freedom and religious persecution. Grim and Finke report that persecution is evident in all regions and is standard fare for many. They also find that religious freedoms are routinely denied and that government and the society at large serve to restrict these freedoms. They conclude that the price of freedom denied is high indeed.

Author : Richard Moon
Publisher : Unknown
Page : 173 pages
File Size : 44,7 Mb
Release : 2018-02-15
Category : Law
ISBN : 9781108425469

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Putting Faith in Hate by Richard Moon Pdf

Explores the interplay between law and religion in the area of hate speech, whether religion is the target or source.

Author : DWIGHT. NEWMAN
Publisher : Unknown
Page : 128 pages
File Size : 52,9 Mb
Release : 2020
Category : Electronic
ISBN : 0433509333

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FORGOTTEN FUNDAMENTAL FREEDOMS OF THE CHARTER. by DWIGHT. NEWMAN Pdf

Author : Nelson Tebbe
Publisher : Harvard University Press
Page : 279 pages
File Size : 54,9 Mb
Release : 2017-01-01
Category : Law
ISBN : 9780674971431

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Religious Freedom in an Egalitarian Age by Nelson Tebbe Pdf

Nelson Tebbe shows how a method called social coherence offers a way to resolve conflicts between advocates of religious freedom and proponents of equality law. Based on the way people reason through moral problems in everyday life, it can lead to workable solutions in a wide range of issues, including gay rights and women’s reproductive choice.

Author : Holly Fernandez Lynch,I. Glenn Cohen,Elizabeth Sepper
Publisher : Cambridge University Press
Page : 451 pages
File Size : 48,6 Mb
Release : 2017-07-03
Category : Law
ISBN : 9781107164888

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Law, Religion, and Health in the United States by Holly Fernandez Lynch,I. Glenn Cohen,Elizabeth Sepper Pdf

This book explores the critical role of law in protecting - and protecting against - religious beliefs in American health care.

Author : N. Keith Clifford
Publisher : University of Washington Press
Page : 300 pages
File Size : 43,8 Mb
Release : 1985
Category : Religion
ISBN : UOM:39015047631117

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The Resistance to Church Union in Canada, 1904-1939 by N. Keith Clifford Pdf

While individuals within the Methodist and Congregational Churcheshad doubts about Church Union, only among the Presbyterians didorganized collective action against the union and the legislation thatcreated the United Church of Canada develop. N. Keith Clifforddocuments the origins, growth and significance of the resistance whichsaw 150,000 Presbyterians refuse to join the new church. Past studies of the union concluded with its consummation in 1925.Viewing the controversy from the perspective of the 1939 amendment tothe United Church of Canada Act, which finally accepted thePresbyterian claims on the identity and continuity of their church,alters the standard images of the parties in the conflict anddemonstrates that there are two quite distinct ways of understandingthe events and the actions based on them.