21 July 2017

Freedom of religion under the Canadian Charter(s) of (Human) Rights and Freedoms

Larry Miller and the case against the niqab - Macleans.ca



Freedom of religion under the Quebec Charter of Human Rights and Freedoms (and the Canadian Charter of Rights and Freedoms) consists of the freedom to undertake practices and harbour beliefs, having a nexus with religion, in which an individual demonstrates he or she sincerely believes or is sincerely undertaking in order to connect with the divine or as a function of his or her spiritual faith, irrespective of whether a particular practice or belief is required by official religious dogma or is in conformity with the position of religious officials. This understanding is consistent with a personal or subjective understanding of freedom of religion.  As such, a claimant need not show some sort of objective religious obligation, requirement or precept to invoke freedom of religion. It is the religious or spiritual essence of an action, not any mandatory or perceived‑as‑mandatory nature of its observance, that attracts protection.  
The State is in no position to be, nor should it become, the arbiter of religious dogma. Although a court is not qualified to judicially interpret and determine the content of a subjective understanding of a religious requirement, it is qualified to inquire into the sincerity of a claimant’s belief, where sincerity is in fact at issue. Sincerity of belief simply implies an honesty of belief and the court’s role is to ensure that a presently asserted belief is in good faith, neither fictitious nor capricious, and that it is not an artifice. Assessment of sincerity is a question of fact that can be based on criteria including the credibility of a claimant’s testimony, as well as an analysis of whether the alleged belief is consistent with his or her other current religious practices.  
Since the focus of the inquiry is not on what others view the claimant’s religious obligations as being, but what the claimant views these personal religious “obligations” to be, it is inappropriate to require expert opinions. It is also inappropriate for courts rigorously to study and focus on the past practices of claimants in order to determine whether their current beliefs are sincerely held. Because of the vacillating nature of religious belief, a court’s inquiry into sincerity, if anything, should focus not on past practice or past belief but on a person’s belief at the time of the alleged interference with his or her religious freedom.




20 July 2017

How a snowstorm exposed Quebec's real problem: social malaise - Macleans.ca

How a snowstorm exposed Quebec's real problem: social malaise - Macleans.ca



The issues that led to the shutdown of a Montreal highway that left drivers stranded go beyond mere political dysfunction






14 July 2017

R v NS (SCC 2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial - The Centre for Constitutional Studies

R v NS (2012): Niqab Rules Balance Religious Freedom and the Right to a Fair Trial - The Centre for Constitutional Studies



In R v NS,[1] decided on December 20, 2012, the Supreme Court of Canada ruled on whether a witness could be allowed to wear a niqab[2] for
religious reasons while testifying in a criminal trial. The Court
determined that this issue would be examined on a case-by-case basis.
The following featured court ruling examines the Court’s four-part test
meant to balance the witness’ right to religious freedom (section 2(a)
of the Charter of Rights and Freedoms (Charter)) and the accused’s right to a fair trial (sections 7 and 11(d) of the Charter).[3]

If an accommodation is possible, do the salutary effects of accommodating the claimant outweigh the deleterious effects of doing so?[17]



Singh complicates the NDP’s Quebec quandary

https://www.theglobeandmail.com/opinion/the-ndps-quebec-quandary/article35667251/

The turning point in the 2015 federal election campaign in Quebec came in mid-September, a month before voting day, when the Federal Court of Appeal struck down a Conservative government ban on face coverings at citizenship ceremonies. For New Democratic Leader Tom Mulcair, it was the moment of truth that ended his party’s long run atop the polls in the province it had swept in 2011.
The NDP had come face-to-face with its own two solitudes.
The Quebec left is uncompromisingly secularist. While it supports freedom of religion, it believes that visible manifestations of faith are to be discouraged in the public sphere, lest they impinge on the separation between church and state. Quebeckers fought hard to throw off an oppressive Catholic Church and see any religious accommodation by the state as a threat to the gains of the Quiet Revolution. More recently inspired by France’s secularist approach, the Quebec left supports strict limits on where and when religion can be practised.

11 July 2017

Challenge to Quebec sign laws headed to Court of Appeal — www.cbc.ca

Challenge to Quebec sign laws headed to Court of Appeal — www.cbc.ca



In seeking leave to appeal at Quebec's highest court Friday, O'Brien said that Quebec's sign laws are not just unconstitutional but outdated, as well. 


"In this case, we brought factual evidence about the current demographic situation of French in Quebec," he told reporters in Montreal. 
"Our view is that you cannot interpret [it] as being currently vulnerable. There's no threat of extinction of the French language right now."


10 July 2017

Julius Grey is anti-hate speech law

Supremes decided only the most extreme speech is hateful e.g., incitement

(a la Keegstra)

unpleasant, hurtful speech is not illegal (Beaubien Quebec)

mock, disapprove if you like

'the only proper answer to poor speech is more and better speech'

comedy exists to find a line, and jump over it

The Holocaust is not an excuse for censorship



Cult MTL | Montreal bleeds money on the Grand Prix

Cult MTL | Montreal bleeds money on the Grand Prix





For years we’ve been told that Montreal Grand Prix brings enormous
economic benefits to the city despite the hefty price tag —
$18.7-million in subsidies from three levels of government in 2015.


Turns out that’s about $10-million more than the tax benefits,
according to a study by the KPMG accounting firm conducted on behalf of
the Montreal International Jazz Festival, La Presse reports.


In comparison, the government tax take of Jazz Fest activities — many
of which are free to the public — were estimated to be more than double
the subsidies, $8.3-million on grants of about $4-million a year.