Cecily Zamora
Canada is a secular state with no state church or official religion. The country guarantees freedom of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion. The Canadian Charter of Rights and Freedoms, enacted in 1982, ensures that all Canadians have the fundamental freedom to hold or not hold religious beliefs and to assemble and worship without limitation or interference. While the government does not require religious groups to register, some registered groups may receive tax-exempt status. Canada's approach to religious freedom and education has evolved over time, with ongoing debates and legal cases shaping the relationship between church and state.
| Characteristics | Values |
|---|---|
| Freedom of religion | Constitutionally protected right |
| Freedom of religious speech | Protected |
| Freedom of assembly | Protected |
| Freedom of expression | Protected |
| Freedom of the press | Protected |
| Freedom of opinion | Protected |
| Equality of all individuals | Protected |
| Right to equal protection and benefit of the law without discrimination based on religion | Protected |
| Duty to accommodate religious observance under human rights legislation | Required |
| Right to religious exemption from mandatory school attendance | Allowed |
| Right to close businesses on days other than Sunday for religious reasons | Allowed |
| Right to homeschool children or enroll them in private schools for religious reasons | Allowed |
| Right to not register religious groups | Allowed |
| Right to tax-exempt status for registered religious groups | Allowed |
| Right to wear religious symbols | Limited |
| Right to protection from the promotion of hatred against sections of the public distinguished by colour, race, religion, ethnic origin, or sexual orientation | Limited |
| Right to protection from discrimination by public entities | Guaranteed |
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What You'll Learn
Freedom of religion in Canada
The Charter also protects individuals from actions, policies, and norms of public entities, but not from private persons and organizations. The actions of private individuals are governed by provincial human rights codes, which prohibit discrimination in the marketplace, accommodation, and employment on the grounds of religion. The Canadian Human Rights Act prohibits discrimination in workplaces and businesses under federal jurisdiction, such as banks and airlines.
The Supreme Court of Canada has ruled that there is a duty to accommodate religious observance under human rights legislation. For example, in the 1990 case Central Alberta Dairy Pool v. Alberta, an employee was required by his religion to take Easter Monday as a holy day. As this is not a statutory holiday, his employer required that he work that day or lose his job. The Supreme Court of Canada found that the employer should have accommodated the employee's religious practices.
In another case, R. v. Big M Drug Mart, the Supreme Court of Canada struck down the federal Lord's Day Act, which prohibited commercial activities on the Sunday Sabbath. The court held that the Charter prohibited the state from compelling or prohibiting individuals from engaging in religious practices.
In Mouvement laïque québécois v Saguenay (City), the Supreme Court of Canada ruled that municipal councils cannot open their meetings with a prayer, as it infringed on freedom of conscience and religion. The court affirmed that the state must remain neutral in matters of religion and must not favour or support one religion over another, or religion over non-religion, and vice-versa.
While there is freedom of religion in Canada, it is not absolute. Legislative or administrative actions that have a trivial or insubstantial effect on religion are not considered a breach of freedom of religion. Additionally, in 2019, a new law was implemented stating that some government employees in positions of authority were not allowed to wear religious symbols.
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The right to worship without interference
Canada is a secular state, and as such, it has no state church or religion. However, its laws and institutions have been influenced by Christian teachings and traditions. Legally, Christianity holds no greater status than any other religious or belief system. Canada is a multicultural and multi-faith community, and all Canadians have the freedom to hold or not hold religious beliefs, which are protected by the Canadian Charter of Rights and Freedoms.
The Canadian Charter of Rights and Freedoms guarantees the fundamental freedoms of conscience, religion, thought, belief, opinion, expression, and the right to equal protection and benefit of the law without discrimination based on religion. This includes the freedom of religious speech, encompassing the right to hold and declare religious beliefs openly without fear of hindrance or reprisal, and the freedom to assemble and worship without limitation or interference. The right to worship without interference is further protected by section 176 of the Criminal Code, which makes it an offence to disturb or interrupt an assemblage of persons met for religious worship.
The Canadian Human Rights Act prohibits discrimination on the ground of religion, as does Section 15 of the Charter. This means that individuals are protected from actions, policies, and norms of public entities, but not from private persons and organizations. In practice, this has meant that while the government does not require religious groups to register, some registered groups may receive tax-exempt status. Additionally, while Catholic and Protestant religious groups operated most schools between 1831 and 1998, public funding of religious education does not extend to schools of other religious groups, although some provinces offer partial funding to religious schools of any faith that meet scholastic criteria.
Canada's commitment to freedom of religion has been tested in various ways. For example, in 1985, the Supreme Court ruled that legislation prohibiting Sunday shopping violated freedom of religion due to its unequal effect on retailers who observed a different Sabbath. In another case, the Supreme Court found that an employer should have accommodated an employee's religious practices, demonstrating a duty to accommodate religious observance under human rights legislation. During the COVID-19 pandemic, there were multiple reports of clergy opposing or refusing to adhere to public health restrictions, arguing that they infringed on religious freedom. In response, a Manitoba judge ruled that the provincial restrictions were reasonable and did not violate constitutional rights.
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Religious discrimination is prohibited
> Everyone has the following fundamental freedoms: ... (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
The Charter's preamble recognises the rule of law, which states that law should govern a nation, as opposed to being governed by decisions of individual government officials. While religious freedoms are protected from state interference by the Charter, the actions of private individuals are largely governed by provincial human rights codes. These codes prohibit discrimination in the marketplace, accommodation, and employment on the grounds of a variety of personal characteristics, including religion.
The Canadian Human Rights Act prohibits discrimination on the ground of religion, as does Section 15 of the Charter. The Supreme Court has also ruled that there is a duty to accommodate religious observance under human rights legislation. For example, in the 1990 case Central Alberta Dairy Pool v. Alberta, an employee was required by his religion to take Easter Monday as a holy day. As this was not a statutory holiday, his employer required that he work that day or lose his job. The Supreme Court of Canada found that the employer should have accommodated the employee's religious practices.
Canada has laws prohibiting the promotion of hatred against sections of the public distinguished by colour, race, religion, ethnic origin, or sexual orientation. However, there are exemptions in the Bill that permit the expression of opinions on religious subjects and opinions based on religious texts which would otherwise be prohibited.
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Religious accommodation in the workplace
Freedom of religion is a constitutionally protected right in Canada, allowing individuals to assemble and worship without limitation or interference. While Canada has no state religion, the government is officially committed to religious pluralism. The Canadian Charter of Rights and Freedoms guarantees equality for all individuals and promotes the refusal of discrimination under enumerated or analogous grounds.
In the context of the workplace, employers have a duty to accommodate employees' religious beliefs and practices. This duty arises when an employee's religious beliefs or practices conflict with a job requirement. For example, an employer would typically be required to accommodate a Jewish employee who observes the Sabbath by providing them with time off work from sundown on Friday to sundown on Saturday. Similarly, if an employee needs time and a quiet place to pray during the workday, it should be provided. Time off for religious holidays and rearranging work schedules to enable this are also mandatory.
However, the duty to accommodate is limited by the concept of "undue hardship." This considers the cost to the business and any health and safety risks associated with providing the accommodation. If an accommodation causes undue hardship, the next best option that does not cause undue hardship must be sought and implemented.
It is important to note that human rights legislation in Canada prohibits discrimination in employment on the grounds of creed or religion. Not hiring someone because of their faith or lack thereof is against the law. Employers must encourage workplace respect and ensure their policies align with Canadian values of inclusion, diversity, and tolerance.
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Religious garb in Canadian society
Freedom of religion is a constitutionally protected right in Canada, allowing individuals to assemble and worship without limitation or interference. The country's constitution refers to 'God', but Canada has no official church and the government is officially committed to religious pluralism. While the country was once dominated by Protestant and Catholic elements, it has become a post-Christian state, with a majority of Canadians considering religion unimportant in their daily lives.
In 2019, the province of Quebec passed a controversial bill banning many public employees from wearing religious symbols at work. This includes teachers, judges, and police officers, who can no longer wear Muslim headscarves (hijabs), Jewish skullcaps, Sikh turbans, and other faith-based symbols in the workplace. The law also prohibits anyone wearing face coverings from receiving government services, using public transportation, or obtaining healthcare from the publicly funded system. Quebec's government argued that this legislation was necessary to maintain the province's secular identity in the face of a growing Muslim population. Critics, including Canadian Prime Minister Justin Trudeau, have argued that the bill legitimises discrimination against citizens based on their religion and will make it harder for religious minorities to integrate into Quebec society.
The bill has been challenged in court, with a University of Montreal student filing a lawsuit against it. In 2021, the Quebec Superior Court upheld most of the bill's provisions, ruling that Quebec had the right to restrict the religious symbols worn by government employees under the Canadian constitution. However, the judge also ruled that the ban could not be applied to English schools due to protections offered to minority language education rights under the Canadian Charter of Rights and Freedoms. The ruling is expected to be appealed to the Canadian Supreme Court.
While Canada generally respects religious freedom, there are some limitations. For example, in 1986, the Supreme Court found that legislation prohibiting Sunday shopping did not violate freedom of religion, as it created a day of rest for all retailers, regardless of their religious beliefs. Additionally, in 2019, a new law was implemented stating that some government employees in positions of authority were not allowed to wear religious symbols.
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Frequently asked questions
No, it is not against the law in Canada to worship only one god. Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Yes, Canada is a secular state without a state religion. Canadians are free to practise any religion or refrain from practising any religion.
Yes, while religious freedom is protected, there are some limitations. For example, in 2019, a new law was put in place stating that some government employees in positions of authority were not allowed to wear religious symbols.
The Canadian government has limited official ties to religion, specifically Christianity. The preamble to the Canadian Charter of Rights and Freedoms makes reference to "the supremacy of God", and the national anthem in both official languages also refers to God.
Yes, Canada has laws prohibiting the promotion of hatred against sections of the public distinguished by colour, race, religion, ethnic origin, or sexual orientation.
