Achieving Equal Religious Citizenship: Judicial Responses to Concurrent Section 2(a) and Section 15 Charter Claims

51 Pages Posted: 11 Mar 2019

See all articles by Kristopher Kinsinger

Kristopher Kinsinger

York University, Osgoode Hall Law School, Students; Miller Thomson LLP

Date Written: February 16, 2019

Abstract

An examination of judicial responses to concurrent Charter of Rights and Freedoms claims made under sections 2(a) and 15. The first section of the paper surveys secondary literature on the relationship between the Charter's guarantees of religious freedom and religious equality. The second section contains statistics on Canadian judicial responses to concurrent section 2(a) and section 15 Charter claims between 2001 and 2017. The third and final section provides three case studies on important Charter litigation involving concurrent claims of sections 2(a) and 15. The paper concludes with recommendations for how Canadian courts can more purposively respond to concurrent claims of religious freedom and religious equality.

Keywords: Charter of Rights and Freedom, Charter, Equality, Freedom of Religion, Religious Freedom, Religious Equality

Suggested Citation

Kinsinger, Kristopher, Achieving Equal Religious Citizenship: Judicial Responses to Concurrent Section 2(a) and Section 15 Charter Claims (February 16, 2019). Available at SSRN: https://ssrn.com/abstract=3335894

Kristopher Kinsinger (Contact Author)

York University, Osgoode Hall Law School, Students ( email )

North York, Ontario
Canada

HOME PAGE: http://kristopherkinsinger.com

Miller Thomson LLP ( email )

2500 - 20 Queen Street West
P.O. Box 1011
Toronto, ON M5H 3S1
Canada

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