Religious Freedom and Communities

Religious Freedom and Communities
Dwight Newman, ed.
LexisNexis Canada 2016 

Section 2 of the Canadian Charter of Rights and Freedoms lists what the Charter calls “fundamental freedoms” theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. Included in these fundamental freedoms is the freedom of religion.

Religious Freedom and Communities is a collection of papers that brings together leading experts of a variety of legal, religious and indigenous communities’ backgrounds, to provide analytical commentary, of a sort useful to practitioners trying to think through tough questions, on the issues related to community and institutional aspects of religious freedom.

The collection of papers:

  • Preface – Dwight Newman

Part I: Background Frameworks

  • Ties that Bind: Collective Aspects of Religious Freedom – Dwight Newman
    La garantie constitutionnelle de la liberté de religion: Mais, qu’est-ce que la religion? Qu’estce que Dieu? – Honourable Louis LeBel
  • On Collective Constitutional Rights: Lessons for Religious Rights from Language Rights – Howard Kislowicz

Part II: History, Society, and Religious Freedom

  • Traditions of Religious Liberty in Early Canadian History – Moin Yahya
  • Welcome to the Neighbourhood: Religion, Law and Living Together – Shauna Van Praagh
  • Collective Freedom of Religion – Alvin Esau

Part III: Comparative and International Perspectives on Communities and Religious Freedom

  • Freedom of Religion as a Group Right – Daniel Mark
  • International and Comparative Law Protections of Collective Aspects of Religious Freedom – Elizabeth Clark
  • Governmental Concern for International Religious Freedom: A Comparative Perspective – Maria Maddalena Giungi

Part IV: The Loyola Case and Practical Aspects of Religious Freedom Litigation

  • A Community’s Right to Freedom of Religion: Loyola High School v. Quebec – J.K. Donlevy, Kevin P. Feehan, and Peter Bowal
  • From Dunsmuir to Doré and beyond: Why administrative law matters in the protection of religious freedom in Canada –Don Buckingham

Part V: Religious Education and Christian Legal Education

  • Religious Education and Identity – Janet Epp-Buckingham
  • The (im)possibility of Christian education – Victor Muniz-Fraticelli
  • Legal Education, TWU, and the Looking Glass – Carissima Mathen & Michael Plaxton

Part VI: Complex Aspects of the Trinity Western University Controversy

  •  Analogy and Neutrality: Thinking about Freedom of Religion – Mary Anne Waldron
  • Hanging in the Balance: The Rights of Religious Minorities – Faisal Bhabha

Part VII: Indigenous Religious Freedom

  • Qat’muk: Ktunaxa and the Religious Freedom of Indigenous Canadians – Sarah Morales
  • Implications of the Ktunaxa Nation / Jumbo Valley Case for Religious Freedom Jurisprudence – Dwight Newman
  • The United Nations Declaration on the Rights of Indigenous Peoples, Sacred Sites, and Religious Freedom – Dwight Newman, Elisa Ruozzi, and Stefan Kirchner