Supreme Court's TWU decision: An illiberal outcome

Supreme Court's TWU decision: An illiberal outcome

“Some might think this is a good outcome. But diversity is not achieved, as the dissent explained, ‘by imposing a forced choice between conformity with a single majoritarian norm and withdrawal from the public square.’ Nor is it achieved by forcing minority communities to alter their defining characteristics to ensure that all people will want to join them. That an institution serves primarily people who affirm its mission and beliefs does not mean that it does so at the expense of others.”

Highwood Congregation v Wall: The Supreme Court upholds autonomy of religious groups

Highwood Congregation v Wall: The Supreme Court upholds autonomy of religious groups

When, if ever, can church membership or discipline decisions be reviewed by the courts? That is the question the Supreme Court of Canada (SCC) was called on to answer in its judgment, released today, in Highwood Congregation of Jehovah’s Witnesses v Wall. The Court found that church membership decisions can only be reviewed in extremely narrow circumstances: when the decision involves an underlying legal right, such as a property or contractual right, and does not require the court to adjudicate questions of theology.

The Canada Summer Jobs program

The Canada Summer Jobs program

"Some may wonder what the 'kerfuffle' is about, and assert that, in 2018, it is not unreasonable to expect Canadians to get in line with contemporary values. That may be satisfactory as long as one’s ideological allies form the government of the day. But what happens when a new government articulates a contrary set of 'values'?"

"Charter rights are not competitors in a zero-sum game”

"Charter rights are not competitors in a zero-sum game”

Charter rights are not competitors in a zero sum game. They can be fully exercised in co-existence, as this Court recognized in 2001. And since that time, both equality rights and religious freedom have enjoyed expanding interpretations: in tandem, not competition. In the very context of expanding equality rights on the grounds of sexual orientation, religious freedom has been strongly affirmed