69 loyola high school v quebec attorney general 2015

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69 Loyola High School v Quebec (Attorney General) , 2015 SCC 12, which involved a Roman Catholic high schoo l’s argument that it should be free to teach the state -mandated Ethics and Religious Cultures curriculum from a Catholic perspective. A majority of the Court accepted that the collective dimensions of religious freedom prohibited the government from mandating how, as a Catholic institution, Loyola taught its own students about Catholicism. The minority reasons in the case went so far as to hold that the religious organization itself could enjoy the protection of freedom of religion. 70 See, eg, Loyola and, in the UK, the JFS case.
Forthcoming in Rex Adhar, ed., Research Handbook on Law and Religion (Northampton, Mass: Edward Elgar, 2018) (Pre-publication Version) 23 between religious communities and state authority. Such matters are inescapably local, historical, political, and particular. 71 This renaissance of religious institutions and organizations as a matter for constitutional reflection is, thus, one example of how the facts associated with the unsettling of secularism have also destabilized the centrality of liberal rights constitutionalism in our accounts of modern constitutional law and practice. Another such example revolves around questions of legal pluralism and sources of law. As religion demonstrates its energetic public presence, the normative dimension of religious life also shows itself, pluralizing law and putting questions around the recognition of religious legal orders and the authority and supremacy of state law firmly on the table. These are emphatically constitutional issues, but are not satisfyingly digestible as issues of rights constitutionalism. The debate about sharia arbitration in Ontario illustrates this well. In the fall of 2003, an organization called the Islamic Institute of Civil Justice proposed the use of arbitration tribunals that would resolve civil matters particularly family law and inheritance disputes through the application of principles of Islamic law. 72 Although the law in Ontario had permitted private arbitration of disputes based on agreed-upon principles of law for almost 25 years, this proposal produced something of a moral panic 73 and presented a substantial political question: should Islamic arbitration be permitted? Faced with strong opposition to the use of religious law to settle civil disputes, the Government of Ontario commissioned a report on the matter. Although the report came back recommending that, with the addition of certain safeguards, religious arbitration be permitted, the Government ultimately introduced 71 In Canada, Adler v Ontario , [1996] 3 SCR 609, sharply dramatized the force of the historical and particular in matters of religious education, holding that the right to religious funding of Catholic schools, guaranteed in the 1867 constitution, however discriminatory and reflective of a state-sponsored privilege for one religion, was immune from attack through doctrines of religious freedom and equality, reflected in the 1982 Charter.

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