13 October 2017

SCC: 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.




12 October 2017

Anglo rights: what is to be done

we first learn English at home

we master it in THE ANGLO SCHOOLS

11 October 2017

Quebecnocentrism

Ethnocentrism a la Quebecois:
Francosupremacy

Catholaicite

etc.
 

07 October 2017

Conservatives, Quebecers most biased, poll finds | Toronto Star


A majority of Conservative voters and people from Quebec — almost six in 10 — have “unfavourable feelings” for at least one religious or ethnic minority group, according to a new poll.
The telephone survey by Forum Research found that, overall, 41 per cent of Canadians feel unfavourable about at least one of the following groups: Muslims, First Nations, South Asians, Asians, Jews and black people.
Regionally, 57 per cent of respondents from Quebec felt unfavourable toward at least one of the groups, followed by 45 per cent from Alberta, 39 per cent from Atlantic Canada, 35 per cent from British Columbia and about one-third from each Ontario, Manitoba/Saskatchewan.