Prayer for Relief: Saguenay and State Neutrality Toward Religion in Canada
(2016) 1 Cambridge Law Review 176-187.
12 Pages Posted: 14 Mar 2018
Date Written: February 1, 2016
To what extent can the state, in carrying out its functions, profess or favour one religious tradition over another? This question was at the heart of the decision of the Supreme Court of Canada in Mouvement laïque québécois v. Saguenay (City). The Court decided that the Canadian state bears a duty of neutrality in matters of religion, which means it cannot profess or favour one religious tradition over another. This article discusses the consequences of how the Court articulated the duty of neutrality in Canada, and, in particular, how it pertains to deriving a meaning for a "secular state".
Keywords: freedom of religion; secularism; state neutrality; constitutional law
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