Book contents
- A General Right to Conscientious Exemption
- A General Right to Conscientious Exemption
- Copyright page
- Contents
- Acknowledgements
- 1 Introduction
- 2 The General Right to Conscientious Exemption in US Law
- 3 The General Right to Conscientious Exemption in US Law: Beyond Religious Privilege?
- 4 The General Right to Conscientious Exemption in Canadian Law
- 5 The General Right to Conscientious Exemption in Canadian Law: Beyond Religious Privilege?
- 6 The General Right to Conscientious Exemption in UK Law
- 7 The General Right to Conscientious Exemption in UK Law: Beyond Religious Privilege?
- 8 The Liberal Model of Conscientious Exemptions
- 9 Balancing the General Right with Sexual Orientation Discrimination
- 10 Conclusion
- Index
5 - The General Right to Conscientious Exemption in Canadian Law: Beyond Religious Privilege?
Published online by Cambridge University Press: 27 July 2020
- A General Right to Conscientious Exemption
- A General Right to Conscientious Exemption
- Copyright page
- Contents
- Acknowledgements
- 1 Introduction
- 2 The General Right to Conscientious Exemption in US Law
- 3 The General Right to Conscientious Exemption in US Law: Beyond Religious Privilege?
- 4 The General Right to Conscientious Exemption in Canadian Law
- 5 The General Right to Conscientious Exemption in Canadian Law: Beyond Religious Privilege?
- 6 The General Right to Conscientious Exemption in UK Law
- 7 The General Right to Conscientious Exemption in UK Law: Beyond Religious Privilege?
- 8 The Liberal Model of Conscientious Exemptions
- 9 Balancing the General Right with Sexual Orientation Discrimination
- 10 Conclusion
- Index
Summary
The chapter argues that the general right to conscientious exemption in Canada should not be interpreted to be available only to religious people. This is for several reasons. First, the general right to conscientious exemption is available under the right to freedom of conscience under s 2(a) of the Canadian Charter and s 3 of the Quebec Charter. Albeit there are only a handful of cases on this right and even though the SCC has not unequivocally delivered a judgment on this, it is clear that the existing cases hold that freedom of conscience protects non-religious conscientious beliefs. Secondly, even though the general right to conscientious exemption arising under anti-discrimination statutes appears to be a privilege of only those with religious beliefs, it has been argued that this would violate the Canadian Charter guarantee of equality rights under s 15 and freedom of conscience under s 2(a). The appropriate remedy, for most of the anti-discrimination statutes, would be to read in conscience as a protected characteristic. This would entail that, in relation to all the rules of law which guarantee the general right to conscientious exemption, the right is not a privilege of those that object on the basis of a religious belief.
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- A General Right to Conscientious ExemptionBeyond Religious Privilege, pp. 129 - 175Publisher: Cambridge University PressPrint publication year: 2020