S2. Everyone has the following fundamental freedoms: a) Freedom of conscience and religion; b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication c) Freedom of peaceful assembly; and d) Freedom of association

➔ Canada believes each person should have the maximum in personal autonomy ◆ autonomy: self-selected actions & freedom ➔ Individuals decide whether or what or whom or how to marry, worship, read, write, watch, hear, see, or say

.  You are free to practice your religion  You have the right to declare your beliefs openly  without fear, and to express your beliefs through practice, worship and dissemination (spreading the word).  You cannot be forced to act in any way that goes against your beliefs or conscience.

 R. v. Big M Drug Mart, 1985 and the Lord's Day Act

 Canada used to have a law called the Lord’s Day Act which banned businesses from opening on Sundays based on the idea that in Christianity Sunday is a day of rest  In the case R. v. Big M Drug Mart, 1985, the Supreme Court of Canada declared the law to be in conflict with the Charter’s freedom of religion  Making everyone observe a Christian day of rest violated freedom of religion as Canada is a nation of many faiths

 Sikhs in the RCMP can wear Turbans instead of the traditional Mountie hat  Baltej Singh Dhillon Baltej Singh Dhillon

 Zylberberg v. Sudbury Board of Education (Director)  Lord’s Prayer was removed from schools

 Jewish and Muslim parents of students enrolled in schools of the Sudbury Board of Education  Parents claimed that the daily reciting of the Lord’s Prayer violated their children from freedom of religion under Section 2(a)

 Clergy do not have to perform same sex marriage ceremonies if it would go against religious beliefs

 Sometimes conflicts arise because religious beliefs may be in conflict with other rights, freedoms or values  The key question is, should religious groups be able to follow their own rules, even if they violate Canadian law?  Freedom of conscience and religion means that we have the right to worship or not worship as we choose and declare and practice our faith without fear.  However, there are limitations…  While parents are free to engage in religious practices they can be curtailed if they’re not in the best interest of the child.  i.e. Blood TransfusionsBlood Transfusions

 In the Sextuplet case parents were not allowed to refuse life-saving medical treatment, such as blood transfusions, based on freedom of religion  CBC News report CBC News report

 The rights of children in need of potentially life-saving medical treatment should trump any rights of their parents.  Agreeor Disagree

A 16 year old Calgary teen is in desperate need of a blood transfusion as part of her treatment for leukemia. She and her family are Jehovah’s Witnesses. However, as part of their religion, blood transfusions are not allowed under any circumstances. She and her family refuse the treatment to save her life based on their religion. The Court of Queen’s Bench ruled in favour of the doctors to proceed with the transfusion, despite the girl’s and her parents’ refusal, as part of the girl’s treatment and in order to save the girl’s life. The Supreme Court of Canada has ruled in 1995, that the state has the right to intervene in a parent’s decision to stop transfusions. But it has not yet ruled on whether minors may be deemed mature enough to make the decision on their own. If the 16 year old in this case challenges the decision of the Court as an infringement of her section 2 (a) Charter right, do you think her appeal will be allowed? Why or why not?

 Polygamy?  Illegal, but the law is rarely enforced  Winston Blackmore Winston Blackmore  Blackmore ruling Blackmore ruling