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Freedom of Religion

Expulsion from Church Membership Not Justiciable, SCC Finds in Aga

On May 28, 2021, the Supreme Court of Canada (“SCC”) released a unanimous decision in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary’s Cathedral v Aga, 2020 SCC 22 [Aga], which revolved around whether expulsion from a church could be reviewed by a court. Overturning the Ontario Court of Appeal (“ONCA”)’s decision, […]

Judicial Biography: Justice Rosalie Silberman Abella

Post 2/9 in TheCourt.ca's Judicial Biography Series (Fall 2019). Judges in my country have until they are seventy-five [before they must step down from the bench]. We are independent and have tenure until then so that we can be impartial, risk being unpopular, and be able to do things that protect minorities. Judges are not […]

Canada Summer Jobs: Attestation Sparks Debate Over Government Overreach

In December 2017, the Canadian government announced changes to its Canada Summer Jobs ("CSJ") program that sparked debate over the program's constitutionality. CSJ is a funding subsidy designed to provide students with summer work opportunities. Under the program's new changes, organizations applying for the funding—small businesses, non-profits, and other community organizations—were required to check a […]

CMDS v CSPO (Part 2): ONSC Weighs Religious Physicians’ Charter Claim

On January 31, the Ontario Superior Court (“ONSC”) released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first half of this two-part post, I provided a summary of the facts of the case and analyzed the Court’s reasons on standard of review and […]

CMDS v CSPO (Part 1): ONSC Weighs Religious Physicians' Charter Claim

On January 31, the Ontario Divisional Court released its decision in Christian Medical and Dental Society of Canada v College of Physicians and Surgeons of Ontario. In the first of this two-part post, I provide a summary of the facts of the case before analyzing the Court’s reasons on standard of review and the Applicants’ […]

Ktunaxa Nation v British Columbia (Part 2): On Review and Consultation

Part 1 of TheCourt.ca's coverage of Ktunaxa v BC covered the decision's contribution to freedom of religion jurisprudence. In part 2, I ask: What does an obscure snowy mountain in British Columbia have to do with a much less snowy, much more famed mountain in Jerusalem?