The Supreme Court of Canada’s Attempt to Reconcile Freedom of Religion and Sexual Orientation Equality in the Public Schools
University of Windsor - Faculty of Law
FAITH, POLITICS AND SEXUAL DIVERSITY, D. Rayside, C. Wilcox, eds., UBC Press, 2011
In recent years, the Canadian courts have been confronted with a number of cases in which freedom of religion and sexual orientation equality appeared to clash. Specifically, the courts have had to decide whether religiously motivated anti-gay expression violated a provincial human rights code restriction on hateful expression (Owens v. Saskatchewan 2006). They have also had to rule on whether a human rights code ban on discrimination in the provision of services to the public was breached when a business owner refused to provide services to a gay advocacy group (Ontario v. Brillinger 2002). And, in two judgements, Trinity Western University v. British Columbia College of Teachers (2001) and Chamberlain v. Surrey School district No. 36 (2002), the Supreme Court of Canada dealt with the competing claims of sexual orientation equality and religious freedom in the public schools.
Number of Pages in PDF File: 10
Keywords: Supreme Court of Canada, Religious Freedom, Sexual Orientation, Equality, Owens v Saskatchewan 2006, Ontario v. Brillinger 2002, Trinity Western University v. British Columbia College of Teachers (2001), Chamberlain v. Surrey School District No. 36 (2002)Accepted Paper Series
Date posted: June 20, 2011
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