July 16.docx

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York University
Public Policy and Administration Studies
PPAS 3136
Sirvan Karimi

July 16, 2012 2(a) freedom of religion, 2(b) freedom of speech Canada’s government is divided in two powers – jurisdiction of provincial & jurisdiction of federal – section 91 specifies federal government powers (marriage and divorce), and section 92 powers of provincial 91 (26) – solidimization of marriage (religious matters) Freedom of religion was not imbedded into our constitution until 1982 – in comparison to USA. But in Canada both conscience and freedom is protected – (under the bill of rights)-congress cannot enforce religious and no mention of conscience but in Canada there is What is included in freedom of religion? - implies the private of individual to entertain any religious beliefs, and to declare or manifest those beliefs, and to manifest those beliefs in practice, worship, and teaching (without fear) What is protected by freedom of religions? - Young vs. Young – husband and wife (Jehovah witnesses) wanted to separate – and custody of children given to mother and father was allowed to visit children with one restriction – the father should not discuss his religious beliefs with the children because the mother does not support it (this was a court order) and the father challenged the court order that it is a violation of his freedom of religion – supreme court ruled that it is the part of father’s mandatory actions to speak with his children about his religions and it is against his freedom of religion but there is a limited clause – but the restriction was removed because the communication of religious beliefs are protected as long as it does not impose threat In freedom of religion, communication of religion is allowed as long as there is no threat - Children’s Aid Society – Couple had a baby daughter and was in need of immediate blood transfusion but argued that under religious beliefs that blood transfusion was not allowed – and the doctors believed that it was needed and made a recommendation to children’s aid society (temporarily became ward of children’s aid society) – after the blood transfusion, the parents appealed – this belief is protected but the action itself did not prevent their belief because it didn’t put a threat to the child – the child was in immediate threat – Similar case with AC vs. Manitoba – the best interest of the child was paramount (even though the child had their beliefs) Ross vs. NB School – Ross a teacher teaching in school (Christian with strong belief) – was arguing that Jewish was the reason that Christian were being minimized – Jewish parents complained – the school board removed the teacher to another area for teaching and warned that if he is to continued he would be removed from teaching permanently. – argued to c
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