What does this mean for religious freedom? How can the Government proceed with the bill when it can’t guarantee to provide the protections of religious freedom that it promised?
The Supreme Court was clear that religious freedom is constitutionally protected by the Charter. The Court stated that no one can compel a religious official to perform same-sex marriages if they are contrary to religious beliefs. To do so would be a violation of the Charter. No church or synagogue, no mosque or temple can be forced to perform a marriage that goes against their religious beliefs. The Government’s bill will affirm its commitment to upholding religious freedom by including a clause that says that everyone has the freedom of religion under the Charter of Rights and Freedoms and officials of religious groups are free to refuse to perform marriages that are not in accordance with the religious beliefs. To extend this protection, further guarantees could be made under provincial and territorial human rights acts and marriage acts. The bottom line is that the religious freedoms of all Canadians are protected under the Charter.
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