Caesar's Faith: Limited Government and Freedom of Religion in Bruker v. Marcovitz

Dalhousie Law Journal, Vol. 32, No. 1, pp. 153-176, 2009

24 Pages Posted: 26 Feb 2010  

Frederick C. DeCoste

University of Alberta - Faculty of Law

Date Written: February 25, 2010

Abstract

The Supreme Court of Canada has long pursued the view that our law is somehow an expression and repository of what it terms "Canada's fundatmental values." In Bruker v. Marcovitz -- a case that concerned the enforceability of a promise by a divorcing Jewish husband to provide his wife Get, a religious divorce -- the Court added to the catalogue of these judicially decreed and enforced values one concerning religion, namely, the protection of Canadians against the arbitary disadvanagtes of their religions. This comment argues that the Court's judgment in this regard constitutes a fundamental threat to religious liberty inasmuch as it subordinates religious belief and practice to state values by making the legal acceptability of the former turn on their conformity to the latter.

Suggested Citation

DeCoste, Frederick C., Caesar's Faith: Limited Government and Freedom of Religion in Bruker v. Marcovitz (February 25, 2010). Dalhousie Law Journal, Vol. 32, No. 1, pp. 153-176, 2009. Available at SSRN: https://ssrn.com/abstract=1559195

Frederick C. DeCoste (Contact Author)

University of Alberta - Faculty of Law ( email )

Edmonton, Alberta T6G 2H5
Canada

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