Church, State, and Charter: Canada's Hidden Establishment Clause

28 Pages Posted: 18 Apr 2008

See all articles by Jeremy Patrick

Jeremy Patrick

University of Southern Queensland School of Law

Abstract

The thesis of this article is that the judiciary in Canada has successfully used the guarantee of individual religious freedom in the Charter of Rights and Freedoms to achieve a similar level of neutrality towards religion as the United States Supreme Court has reached using the Establishment Clause of the United States Constitution. This article compares Canadian and American caselaw on topics such as Sunday Closing laws, school and legislative prayer, and more.

Keywords: establishment, disestablishment, religious neutrality, separation of church and state

JEL Classification: k19

Suggested Citation

Patrick, Jeremy J., Church, State, and Charter: Canada's Hidden Establishment Clause. Tulsa Journal of Comparative & International Law, Vol. 14, No. 1, 2006. Available at SSRN: https://ssrn.com/abstract=1121938

Jeremy J. Patrick (Contact Author)

University of Southern Queensland School of Law ( email )

Room Q-416
USQ
Toowoomba, QLD 4350
Australia
+61 7 4631 5374 (Phone)

HOME PAGE: http://legalheresy.blogspot.com

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