5 - Canada: Bijuralism

Summary

Begins with the church–state relationship, noting the Charter of Rights and Freedoms takes into account the effects of federation, particularly the position of Quebec and the associated complications of laïcité, also addresses the legacy and current impact of bijuralism. Provides an overview of the contemporary relevant legal framework, as governed by statutory and constitutional provisions, noting the extent to which the country is a signatory state to international law. Gives an account of the law relating to the definition of “religion” and “belief”. Examines the church–state relationship as illustrated by case law relating to the freedoms of religion, association and expression. Focuses on the effect of equality and non-discrimination law on the church–state relationship as illustrated by case law. Concludes by considering the nature and extent of jurisdictional congruity with USA as regards their current interpretation of the principle; highlighting distinctive Canadian characteristics; identifying particular principles or rules relied upon by the judiciary or administrative bodies; and assesses the significance of cultural context as a differentiating factor.