Second Among Equals? Understanding the Short Shrift that Freedom of Religion is Receiving in Canadian Jurisprudence

Journal of Law and Equality, Vol. 7, No. 1, pp. 55-86, 2011

32 Pages Posted: 24 Jan 2011  

Mike Madden

Dalhousie University - Schulich School of Law

Date Written: January 21, 2011

Abstract

Decisions of the Supreme Court of Canada seem to indicate that freedom of religion is not protected to the same extent as other fundamental human rights, even though the text of the Canadian Charter of Rights and Freedoms suggests that all rights are equal, and that there is no “hierarchy of rights.” This article will demonstrate, through analysis of leading and recent Supreme Court decisions, that a judicial tendency of affording reduced protection to freedom of religion exists in Canada, and that this tendency possibly reflects the relatively weak philosophical justifications for inclusion of freedom of religion within human rights instruments.

Suggested Citation

Madden, Mike, Second Among Equals? Understanding the Short Shrift that Freedom of Religion is Receiving in Canadian Jurisprudence (January 21, 2011). Journal of Law and Equality, Vol. 7, No. 1, pp. 55-86, 2011. Available at SSRN: https://ssrn.com/abstract=1745242

Mike Madden (Contact Author)

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
Halifax, Nova Scotia B3H 4H9
Canada

Paper statistics

Downloads
134
Rank
177,068
Abstract Views
855