Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-28T14:57:56.802Z Has data issue: false hasContentIssue false

5 - Canada: Bijuralism

from Part II - The Benchmark of State Neutrality

Published online by Cambridge University Press:  15 January 2021

Get access

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.

Type
Chapter
Information
State Neutrality
The Sacred, the Secular and Equality Law
, pp. 201 - 249
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×