Quebec Bill 62 Case Study

Words: 633
Pages: 3

Introduction: This is the case of the Government of Quebec Bill 62: An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for requests for accommodations on religious grounds in certain bodies V. The Canadian Council of Muslim Women. The appellants represent Muslim Women who wear the niqab or burqa, under the belief that with the passing of the bill violates the Canadian Charter of Rights and Freedoms (In particular section (2a), as well as (7), (15), and (27). The respondent represent the Quebec Government and claim that this is in full accordance with the fundamental rights set out by the Quebec Charter as well as the Canadian Charter of Rights and Freedoms.
The verdict of this case today accomplishes two distinctions which will be entrenched in society:
Firstly, it will determine Canada’s stance on religious freedoms and multiculturalism. It will challenge the balance of security and safety and the values of which Canadians stand by.
Secondly, it will address the face of Canadian legislature and in particular, the limitations of a state, and its ability to impact the lives on the basis of religion.
Bill 62 does/does not infringe on the Charter Rights, specifically Section 2(a)
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[Per Bastarache, LeBel and Deschamps JJ. (dissenting): Since a religion is a system of beliefs and practices based on certain religious precepts, a nexus between the believer’s personal beliefs and the precepts of his or her religion must be established. To rely on his or her conscientious objection a claimant must demonstrate (1) the existence of a religious precept, (2) a sincere belief that the practice dependent on the precept is mandatory, and (3) the existence of a conflict between the practice and the