The Supreme Court of Canada’s Attempt to Reconcile Freedom of Religion and Sexual Orientation Equality in the Public Schools

FAITH, POLITICS AND SEXUAL DIVERSITY, D. Rayside, C. Wilcox, eds., UBC Press, 2011

10 Pages Posted: 20 Jun 2011

See all articles by Richard Moon

Richard Moon

University of Windsor - Faculty of Law

Date Written: 2011

Abstract

In recent years, the Canadian courts have been confronted with a number of cases in which freedom of religion and sexual orientation equality appeared to clash. Specifically, the courts have had to decide whether religiously motivated anti-gay expression violated a provincial human rights code restriction on hateful expression (Owens v. Saskatchewan 2006). They have also had to rule on whether a human rights code ban on discrimination in the provision of services to the public was breached when a business owner refused to provide services to a gay advocacy group (Ontario v. Brillinger 2002). And, in two judgements, Trinity Western University v. British Columbia College of Teachers (2001) and Chamberlain v. Surrey School district No. 36 (2002), the Supreme Court of Canada dealt with the competing claims of sexual orientation equality and religious freedom in the public schools.

Keywords: Supreme Court of Canada, Religious Freedom, Sexual Orientation, Equality, Owens v Saskatchewan 2006, Ontario v. Brillinger 2002, Trinity Western University v. British Columbia College of Teachers (2001), Chamberlain v. Surrey School District No. 36 (2002)

Suggested Citation

Moon, Richard, The Supreme Court of Canada’s Attempt to Reconcile Freedom of Religion and Sexual Orientation Equality in the Public Schools (2011). FAITH, POLITICS AND SEXUAL DIVERSITY, D. Rayside, C. Wilcox, eds., UBC Press, 2011 , Available at SSRN: https://ssrn.com/abstract=1866491

Richard Moon (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Ave.
Windsor, Ontario N9B 3P4
Canada

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