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- Title
COVID-19 and Religious Freedom in Canada.
- Authors
Bird, Brian
- Abstract
Where a state takes action that has the effect of fundamentally impairing a I Charter i right or freedom, and the state does so in a way that disproportionately disadvantages citizens who wish to exercise that right or freedom, it is arguable that the only constitutional route to this destination is by way of the notwithstanding clause. [37] The focus of the current approach to evaluating the validity of limits on I Charter i rights and freedoms where these limits are imposed by administrative actors runs the risk of watering down the standard that the state in all its manifestations must meet before a limit on a I Charter i right or freedom is upheld. In Canada, constitutional litigation arising from restrictions on worship and religious gatherings during the COVID-19 pandemic has yielded vindication for state authorities. Religious Freedom Claims in Canada during COVID-19 With this primer on the structure of I Charter i claims in hand, we turn to the litigation landscape in relation to religious freedom claims in Canada during COVID-19.
- Subjects
CANADA; FREEDOM of religion; COVID-19; REASONABLE care (Law); JUDGES; WORSHIP programs; RELIGIOUS groups; SUPPORT groups
- Publication
Journal of Church & State, 2022, Vol 64, Issue 4, p621
- ISSN
0021-969X
- Publication type
Article
- DOI
10.1093/jcs/csac066