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

36 Pages Posted: 28 Jun 2011  

Howard Kislowicz

University of New Brunswick - Faculty of Law

Richard Haigh

York University - Osgoode Hall Law School

Adrienne Ng

York University - Osgoode Hall Law School

Date Written: March 1, 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.

Keywords: Freedom of Religion, Freedom of Conscience, Canadian Charter of Rights and Freedoms

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: https://ssrn.com/abstract=1873489

Howard Kislowicz (Contact Author)

University of New Brunswick - Faculty of Law ( 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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