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Calculations of Conscience: The Costs and Benefits of Religious and Conscientious FreedomHoward KislowiczFaculty of Law, University of New Brunswick Richard HaighOsgoode Hall Law School - York University Adrienne NgOsgoode Hall Law School - York University March 1, 2011 Alberta Law Review, Vol. 48, No. 3, 2011 Abstract: This article examines the Supreme Court of Canada’s cost-benefit analysis of freedom of conscience and religion guaranteed by s. 2(a) of the Canadian Charter of Rights and Freedoms in Alberta v. Hutterian Brethren of Wilson Colony. The article finds that while the Supreme Court’s reasoning was ultimately flawed, its use of cost-benefit analysis may be a positive development in the freedom of religion framework. The article also looks at the Court’s treatment of the freedom of conscience guarantee in relation to freedom of religion. The article suggests that this treatment may foreshadow a more uniform approach to the broader freedom of conscience and religion than was provided for in previous decisions.
Number of Pages in PDF File: 36 Keywords: Freedom of Religion, Freedom of Conscience, Canadian Charter of Rights and Freedoms Accepted Paper SeriesDate posted: June 28, 2011Suggested CitationContact Information
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