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http://ssrn.com/abstract=1873489
 
 

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Calculations of Conscience: The Costs and Benefits of Religious and Conscientious Freedom


Howard Kislowicz


Faculty of Law, University of New Brunswick

Richard Haigh


York University - Osgoode Hall Law School

Adrienne Ng


York University - Osgoode Hall Law School

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

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Date posted: June 28, 2011  

Suggested Citation

Kislowicz, Howard and Haigh, Richard and Ng, Adrienne, Calculations of Conscience: The Costs and Benefits of Religious and Conscientious Freedom (March 1, 2011). Alberta Law Review, Vol. 48, No. 3, 2011. Available at SSRN: http://ssrn.com/abstract=1873489

Contact Information

Howard Kislowicz (Contact Author)
Faculty of Law, University of New Brunswick ( email )
Bailey Drive
P.O. Box 4400
Fredericton NB E3B 5A3
Canada
Richard Haigh
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
Adrienne Ng
York University - Osgoode Hall Law School ( email )
4700 Keele Street
Toronto, Ontario M3J 1P3
Canada
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