The Freedom of Conscience and Religion in Canada: Challenges and Opportunities

Abstract

Canada prides itself on welcoming diversity and being tolerant, multicultural, and pluralistic. In recent years, however, Canadians have had to become increasingly aware of the difficulties of balancing new claims and settled expectations against what were formerly established claims. In particular, the courts have struggled with the balancing of religious freedom and other Charter rights. This paper examines the foundations of religious liberty in Canada, education and religion, sexual orientation law, and the current role of secularism in public discourse. It argues that Canadian society needs a paradigm shift in its understanding of religion and religion’s interaction with the state to create an environment that is open, tolerant, and inclusive of religious practice. It also argues that religion is an equality right itself and should not be pitted against equality the way some commentators structure their arguments.

Keywords: Canadian constitutional law, Canadian Charter of Rights and Freedoms, Section 2(a) Freedom of Conscience and Religion, Education and Religion, Evolution,Intelligent Design, Creationism, Homosexuality, Definition of secularism, Equality Rights. Freedom of Equality, Freedom of Association

JEL Classification: K12, K39, Z12