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      • The free exercise of religion includes the right to act or abstain from action in accordance with one’s religious beliefs. The Free Exercise Clause protects not just the right to believe or the right to worship; it protects the right to perform or abstain from performing certain physical acts in accordance with one’s beliefs.
      www.justice.gov/crt/page/file/1006786/dl
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  2. Oct 23, 2023 · Religious intolerance as a form of discrimination in Canada. Acknowledging that religious intolerance not only exists but results in real harm to people and communities is key to removing barriers in Canada, and to seeing and understanding the disadvantages that many communities suffer.

    • Freedom of Religion
    • Freedom of Conscience
    • Section 93 Denominational School Rights and Privileges

    General

    Freedom of religion has been defined as “the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practise or by teaching and dissemination” (Big M, supra at page 336; Ross v. New Brunswick School District No. 15, [1996] 1 S.C.R. 825 at paragraph 72; Amselem, supra at paragraph 40; Reference re Same-Sex Marriage, [2004] 3 S.C.R. 698 at pa...

    Analytical framework

    The Supreme Court has adopted the following test for determining whether there has been an infringement of section 2(a) (Hutterian Brethren, supra at paragraph 32; Amselem, supra at paragraphs 56-57; Multani, supra at paragraph 34; Law Society of British Columbia v. Trinity Western University, supra at paragraph 63): An infringement of section 2(a) of the Charter will be made out where: 1. the claimant sincerely believes in a belief or practice that has a nexus with religion; and 2. the impug...

    Selected issues in respect of freedom of religion

    Freedom from conformity to religious dogma (freedom to express and manifest religious non-belief and the freedom to refuse to participate in religious practice) is not necessarily impaired by legislation with a secular inspiration which requires conduct consistent with the tenets of a religion. Such legislation might, however, limit the freedom of conscience and religion of persons whose conduct is governed by an intention to express or manifest their non-conformity with religious doctrine (E...

    While the Supreme Court has not given much consideration to freedom of conscience, it has noted that this aspect of section 2(a) includes the right not to have a religious basis for one's conduct (Edward Books, supra at paragraph 99). In the concurring judgment of Wilson J. in R. v. Morgentaler, [1988] 1 S.C.R. 30at page 37, freedom of conscience w...

    The denominational, dissentient and separate school rights or privileges protected under section 93 of the Constitution Act, 1867 are the product of an historical compromise crucial to Confederation and form a comprehensive code immune from Charter review that cannot be enlarged through the operation of section 2(a) (Adler v. Ontario, [1996] 3 S.C....

  3. Religious tolerance or religious toleration may signify "no more than forbearance and the permission given by the adherents of a dominant religion for other religions to exist, even though the latter are looked on with disapproval as inferior, mistaken, or harmful". [1]

  4. Canadian Human Rights Commission, issuing body. Discussion paper on religious intolerance. View HR4-101-2023-eng.pdf (PDF, 254 KB). Issued also in French under title: Document de réflexion sur l'intolerance religieuse. At head of title: Human Rights. Includes bibliographical references.

    • [English]
    • Discussion paper on religious intolerance.
    • Monograph
  5. To avoid the very sort of religious persecution and intolerance that led to the founding of the United States, the Free Exercise Clause of the Constitution protects against government actions that target religious conduct.

  6. Freedom of religion is crucial to maintaining a private sphere for individuals and communities where the government does not—and cannot—intrude. The state should be neutral and impartial when it comes to matters of deeply-held personal beliefs. Religious Freedom in Canada is an Essential Right.

  7. In recent years, an increasing number of authoritarian states have invested heavily in promoting religious tolerance. This report defines religious tolerance promotion (RTP) primarily as initiatives that focus on reforming relations among citizens from different religious communities within a state.