CRIM 335 Chapter Notes - Chapter 8: Orthodox Judaism, Sukkot, Blood Transfusion
7 Sep 2016
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Conscientious beliefs which are not religiously motivated. Views based on strongly held moral ideas of right and wrong, not necessarily founded on religious principles. Freedom of religion protects individual autonomy, freedom and dignity. Right to manifest belief by worship, teaching, dissemination, religious practice. Applicant must establish: a sincere belief/practice that is subjectively connected with faith, that the action/act interferes with the ability to act in accordance with his/her religious beliefs, in a manner more than trivial. Onus shift to the state: to prove that the limitation is reasonable and demonstrably justifiable: no right is absolute because live in a society in which we must take rights of others into account. Sunday closing laws: v. big m drug mart, [1985] Lords day act made it an offence for anyone to open business on sunday. Scc held that the federal lord"s day act violated s. 2(a) and was not saved by s. 1.
