Religious Freedom in Canada: A Crucible for Constitutionalism

“Religious Freedom in Canada: A Crucible for Constitutionalism” [2018] 1 Quaderni di Diritto e Politica Ecclesiastica 111-125

18 Pages Posted: 13 Nov 2018

See all articles by Benjamin L. Berger

Benjamin L. Berger

York University - Osgoode Hall Law School

Date Written: April 1, 2018

Abstract

This article examines three axes around which contemporary Canadian debates on freedom of religion are turning: the status and protection of group and collective religious interests; the emergence – and instability – of state neutrality as the governing ideal in the management of religious difference; and the treatment of Indigenous religion. Each is discussed as a key thematic and doctrinal development emerging from recent activity in the freedom of religion jurisprudence in Canada. Each is also an instance, the article suggests, of religion doing its particularly effective work of exposing the fundamental tensions and dynamics in Canadian constitutionalism more generally.

Keywords: religious freedom, Canada, collective, neutrality, Indigenous peoples

Suggested Citation

Berger, Benjamin L., Religious Freedom in Canada: A Crucible for Constitutionalism (April 1, 2018). “Religious Freedom in Canada: A Crucible for Constitutionalism” [2018] 1 Quaderni di Diritto e Politica Ecclesiastica 111-125, Available at SSRN: https://ssrn.com/abstract=3269555

Benjamin L. Berger (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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