POL337Y1 Lecture Notes - Henry Morgentaler, Orthodox Judaism, Kirpan
Document Summary
Class was canceled last week, please let me know when the make-up date is. Freedom of religion: v. big m dug mart 1985: Psq federal sunday-closing legislation with the purpose of compelling the observance of christian sabbath. Remedy invalidation: v. edwards books and arts 1986. Psq ontario sunday-closing legislation with a secular purpose of providing a common day of retail workers. Psq condominium by-law prohibiting construction of any kind on balconies vs. the right of orthodox jews to build temporary dwellings during a religious festival. Outcome activism (in favor of religious minorities) Psq - school board decision prohibiting a sikh student from wearing a kirpan tp school. Fundamental justice, life and liberty etc are the terms to consider. It leads to potentially large scope for discretion in interpreting fundamental justice. Entitlements: the right to life, liberty, and security if the person. Claimants invoking section 7 therefore face a double burden.