[Download] "Charter Rights and Harm: How Do We Address Freedom of Religion? (Human Rights Law)" by LawNow ~ Book PDF Kindle ePub Free
eBook details
- Title: Charter Rights and Harm: How Do We Address Freedom of Religion? (Human Rights Law)
- Author : LawNow
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Canada is increasingly becoming a truly multicultural society. However, while embracing diversity, we sometimes encounter challenges to our legal system. The Supreme Court of Canada has recently developed legal principles on freedom of religion, which is protected under the Canadian Charter of Rights and Freedoms ("Charter") in s. 2(a). Our law recognizes that wherever possible, government should not interfere with sincerely held religious beliefs. At the same time, Canadian law also contemplates that there may be situations when freedom of religion conflicts with other Charter values. In some cases, it may be possible to resolve conflict through compromise. In others, however, freedom of religion may have to take a back seat to limits that are reasonable and justifiable in a free and democratic society (Charter s. 1). One of the key principles in determining whether a limit is justified is the harm that is being addressed. If clear harm results from a religious practice, then a court may determine that it is reasonable to limit freedom of religion in that circumstance. For example, most Canadians would agree it would be reasonable and justifiable to prohibit the religious practice of human sacrifice. The harm is clear--murder is illegal and immoral in Canada. Nevertheless, problems arise when the harm to society is less obvious. Where do courts and governments draw the line?