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case assignment.docx

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York University
Social Science
SOSC 2350

Armeen Mahmud S.L. v. Commission scolaire des Chênes Appellants: S.L. and D.J. Respondents: Commission scolaire des Chênes and Attorney General of Quebec Interveners: Christian Legal Fellowship, Canadian Civil Liberties Association, Coalition pour la liberté en éducation, Evangelical Fellowship of Canada, Regroupement Chrétien pour le droit parental en éducation, Canadian Council of Christian Charities, Fédération des commissions scolaires du Québec and Canadian Catholic School Trustees’ Association Judges: 7 of the judges voted for the same decision and 2 of them had a different opinion L and J who went to court because they believed that the new program that started in all the public schools in Quebec called the “Ethics and Religious Culture” (ERC) program would harm their children’s beliefs towards their religion. On May 20, 2008, the appellants requested the school board to exempt their children within the meaning of the second paragraph of s.222 of the Education Act, but the request was denied. Both the parents than requested the council of commissioners at the school board to reconsider their decision but they upheld this decision. After this, L and J went to the Superior court because they felt that the EFC program had infringed their rights and their children’s right to freedom of religion and conscience according to section 2 of the Canadian Charter of Rights and Freedoms and to inquire why their request for their children to get exempted was denied. L and J questioned the decisions of the school board and the council of commissioners and claimed that they had been made a dictate from the third party, the Ministère de l’Éducation, du Loisir et du Sport (“Ministère”). The Armeen Mahmud Superior court’s decision was that they did not believe that the ERC program infringed the rights to freedom of religion and conscious of the parents or their children. Since the judge believed that the ERC did not infringe their rights he also held the school councils decision to deny the exemption of these children from taking this course. He rejected the motion for a declaratory judgment. Furthermore, he held the decision of the school board’s decision with the influence of the Ministère’s and dismissed the motion for judicial review as per requested by L and J. They then appealed to the Court of Appeal to dismiss the motion for judicial review. The school board and the Attorney General of Quebec both brought a notion to dismiss this appeal, the court granted the motions to dismiss, dismissed the appeals as of right, moreover it dismissed the motion for leave to appeal. The issue in this case was for the Court to decide if the trial judged made the right decision by refusing to accept the request from these parents to exempt their children from the ERC course and that it did not infringe the freedom of religion and conscience. In conclusion, the Supreme Court denied that the ERC infringed any rights of these individuals or their children because Infringement of religious freedom requires objective evidence that infringement has occurred but there was no such proof or example in this case that could prove this. Armeen Mahmud S.L. v. Commission scolaire des Chênes After reviewing the case it is evident that the decision made by the Supreme Court of Canada is just. The reasoning to this is that when laws are imposed on religious matters it is important that all facts and evidence into consideration because that is going to determine the final decision. According to LeBel, when making decisions it is important but difficult to maintain a neutral environment. However, mill believes that universality and consistency is important to maintain even though it is hard to achieve we should try and aim a neutral socie
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