Religious accommodation in canada

Religious Accommodation in Canada“Shaping Canadian Identity: Middle Eastern Influences”
Omar Ha-Redeye
March 19, 2008

Historical backdrop of tolerance
Landmarks in religious accommodations
Flash points
Bouchard/Taylor Commission
Specific fears
Conclusions
Overview

French population considered invaluable during Confederation
Large population base
Geographic continuity
Required compromise of British/Anglican framework; foundation of Canadian Multiculturalism
French language rights
Catholic concessions
Canadian Tolerance

Roncarelli v. Duplessi(1959)
Jehovah’s Witness and Attorney General of Quebec
religious minority v. French Catholic minority
SyndicatNorthcrest v. Amselem(2004)
Sukkahon balconies in Montreal
Religious beliefs v. private building rules
Bruker v. Marcovitz(2007)
Religious marriage contract
Binding on person who rejected belief
Landmarks in Religious Accommodation

Asmahan (Azzy) Mansour, soccer hijab
International Football Association Board Law 4:"a player must not use equipment or wear anything that is dangerous to himself or any other player (including any kind of jewellery)“
FIFA games, women still wear hijab in Ontario, British Columbia, Australia, United States, Middle East; no safety risk demonstrated
Montreal YMCA frosted glass
Paid for by synagogue across the street
Voluntarily agreed to by YMCA
Publically protested, taken down
Flash Points on Accommodation

Town Hall meetings
Attendees expressed strongly xenophobic, uninformed views
Similar to sentiments expressed in L’Heuroxville
Troublesome proposals by political parties
amend Quebec Charter of Rights
primacy of one right over another
hierarchy of rights, priority to gender equality over freedom of religion
Quebec Liberals: newcomers sign a “moral commitment” to the province’s core values
Parti Québécois: Quebec Charter of Rights be amended to permit the courts to protect and promote Quebec culture
Promote Christian tradition by the display of symbols, like the crucifix, in state institutions.
Final report expected this month
Jewish groups strongly oppose proposals
Bouchard/Taylor Commission

Do not allow prohibitions of religious expression in public institutions
No hierarchy of fundamental rights
Integration of minorities also means integration into the workforce
Preempt backlash against minority groups; more education campaigns, prevent hate crime
Government should publically challenge expressions of racism
“Accommodation and Differences. Seeking Common Ground: Quebecers Speak Out.” Brief presented by B’nai Brith Canada – Québec Region
Response by B’nai Brith

losing “our” values
spread of atheism
pluralistic families
perceived lack of social cohesion
Specific Fears

Already here
Not wanted
Not what you think
What About Shari’ahin Canada?

1066
Already Here
Norman conquest of British Isles accompanied by conquest of Sicily from Muslims
Adopted jury system, action of debt, assize of novel deissisin
John Makdisi, former Dean and Professor of Law, Loyola University New Orleans School of Law;The Islamic Origins of the Common Law, 77 N.C.L. Rev. 1635
1072

Concept of citizenship in Islam, even under non-Muslim rule
“It is necessary upon a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.” (Sahih al-Bukhari, no. 2796 & SunanTirmidhi)
No distinction between obedience to Muslim or non-Muslim ruler, as long as it does not infringe on religious rights
Not Wanted

Immense distinction between criminal and civil elements of Shari’ah
Female Genital Mutilation (FGM)
Honour Killings
Both are cultural practices predating Islam, common among non-Muslim populations in the mid-East as well
Strongly discouraged unanimously by accredited religious establishment
Not What you Think

Religious minorities share similar challenges
Should result in greater cooperation, reciprocity in Canadian context
History of intolerance occurred in far less pluralistic society
Future challenges will be resolved by more tolerant courts
Society will have to learn about others
In time, will fear less, and understand more
Conclusions

Religious accommodation in canada

by Omar Ha-Redeye

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