[DOWNLOAD] "Drivers Needed: Tough Choices from Alberta V. Wilson Colony of Hutterian Brethren" by Janet Epp Buckingham " eBook PDF Kindle ePub Free
eBook details
- Title: Drivers Needed: Tough Choices from Alberta V. Wilson Colony of Hutterian Brethren
- Author : Janet Epp Buckingham
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 87 KB
Description
Introduction The recent Supreme Court of Canada decision in Alberta v. Wilson Colony of Hutterian Brethren (1) has broken new ground in important areas of Charter interpretation. While the Court has previously interpreted section 2(a) of the Canadian Charter of Rights and Freedoms (2) as an individual right, in this judgment it gave the communal aspects of religion some constitutional recognition. The Wilson Colony of Hutterites sought an exemption from the mandatory photo ID requirement for drivers' licences in Alberta. This requirement violates the Hutterite religious prohibition on having one's photograph taken, which is based on their very strict interpretation of the biblical Second Commandment not to have a "graven image." The Hutterites lost their case, raising a significant issue: what factors should now be taken into account in determining whether the state must accommodate a particular religious practice protected by section 2(a) of the Charter? There seems to be some confusion as to whether human rights concepts of reasonable accommodation have any place in interpreting the ambit of religious freedom. The Court was divided, four judges to three, with three separate judgments. Such division is typical of Supreme Court of Canada cases that consider religious freedom. Chief Justice McLachlin, writing for the majority, and Justice Abella, in dissent, actually debate with one another in their judgments.