Achieving Equal Religious Citizenship: Judicial Responses to Concurrent Section 2(a) and Section 15 Charter Claims
51 Pages Posted: 11 Mar 2019
Date Written: February 16, 2019
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
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