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3 unusual facts about Section Two of the Canadian Charter of Rights and Freedoms


Section Two of the Canadian Charter of Rights and Freedoms

According to Beverley McLachlin, freedom of religion in Canada may have originated as early as 1759, when French Canadian Roman Catholics were allowed rights of worship by their British conquerors; this was later reconfirmed in 1774 in the Quebec Act.

Eight of nine judges (Justice Claire L'Heureux-Dubé dissenting) confirmed that section 2 includes, to at least some degree, the negative right to not associate.

But with the same majority (judge Frank Iacobucci "switching camps" on the two issues and citing a "unique and complex historical context" in Quebec), the Court deemed the law to be justified in a free and democratic society under section 1 and thus constitutional.


Section Twenty-seven of the Canadian Charter of Rights and Freedoms

The Court of Appeal for Ontario in Videoflicks Ltd. et al. v. R. (1984) argued that section 27 should receive "significance" from the courts, and that the section could reinforce freedom of religion (section 2).


see also