Archive for tag: Supreme Court

Archive pour tag : Supreme Court

Supreme Court of Canada Clarifies Scope of Religious Freedom

Yesterday, the Supreme Court of Canada reaffirmed that government actors have a duty to specifically consider religious freedom concerns when raised by claimants in its Ktunaxa Nation v. British Columbia decision. This historic case – the first Indigenous religious freedom claim to be heard by the Supreme Court – raised questions about the scope of religious freedom, and the means by which religious communities can practise and manifest their faith. Christian Legal Fellowship (CLF) and The Evangelical Fellowship of Canada (EFC) jointly intervened in the case.

The litigation arose from a proposed ski resort on land that is sacred to the Ktunaxa people. The Ktunaxa Nation opposed the development on the basis that it would desecrate the sacred site and would interfere with a variety of their spiritual practices.

The British Columbia Minister of Forests, Lands and Natural Resources approved the development but did not specifically address how the decision would impact the Ktunaxa Nation’s section 2(a) Charter right to freedom of religion.

The Supreme Court upheld the Minister’s ultimate decision; however, the Court was divided 7-2 on some of their underlying reasons.
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Posted: November 3, 2017 • Permanent link:
Categories: NewsIn this article: Canada, Indigenous peoples, religious freedom, Supreme Court
Transmis : 3 novembre 2017 • Lien permanente :
Catégorie : NewsDans cet article : Canada, Indigenous peoples, religious freedom, Supreme Court