Liberty, Neutrality and Inclusion: Religious Freedom Under the Canadian Charter of Rights and Fredoms

The Canadian Charter of Rights and Freedoms guarantees to all persons “freedom of conscience and religion.” The Charter, however, does not include any obvious equivalent to the Established Clause of the First amendment of the United States Bill of Rights. According to the Canadian courts, s. 2(a), the freedom of religion provision in the Charter, protects the individual from “coercion in matters of conscience.” It prohibits the state from either restricting or compelling religious practise. But it does not necessarily preclude state support for religion. State support for the practises of institutions of a particular religion will breach s.2(a) only if it coerces some members of the community, and interferes with their ability to practise their faith or compels them to practice the favoured religion.