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August 2009
Photos, turbans, kirpans, etc.
If a law infringes the religious beliefs of certain people, how do judges decide if it should remain in force? They use a test.
A test? Yes, they ask a series of questions and the answers determine which way the scales of justice will tilt.
The Supreme Court of Canada recently used a test to evaluate an Alberta law requiring photos on driver's licences. Members of the Hutterite community in Alberta claimed the law infringed their freedom of religion since they believe the Bible prohibits them from being photographed.
Here is the test the Supreme Court used:
1. Has the right to freedom of religion been denied?
This is the first part of the test. The judges must agree that the law being challenged really limits religious freedom. They must be satisfied that:
a) the religious belief of the person challenging the law is sincere
b) the law interferes in a significant way with religious practices
If the answer to one of these questions is “no”, the judges must reject the challenge to the law. If the answer to both questions is “yes”, the judges move to the second part of the test.
In the case of the Hutterites, the Supreme Court decided that they sincerely believed they could not be photographed and that this was a significant interference with their beliefs.
