![]() ![]() Jesus Christ can be seen as a mere historical character and the annual marking of his birth may be today considered a godless, secular holiday, much like Canada Day. It may be accepted in modern Canadian society that these days, and their Christian origins, must be viewed as secular days and events. Good Friday and Christmas Day are also observed for religious reasons as government-imposed statutory holidays ( Employment Standards Code, RSA 2000, c E-9, section 25). ![]() In the federal Income Tax Act, religious charities enjoy their own category: “to advance religion in the charitable sense means to preach and advance the spiritual teachings of a religious faith and to maintain the doctrines and spiritual observances on which those teachings are based.” ( Income Tax Act, RSC 1985, c 1 (5th Supp) Religious clergy can deduct residence expenses from their income tax. Governments continue to indirectly promote religion in legislation. In the federal Income Tax Act, religious charities enjoy their own category: “to advance religion in the charitable sense means to preach and advance the spiritual teachings of a religious faith and to maintain the doctrines and spiritual observances on which those teachings are based.” Commission scolaire des Chênes, 2012 SCC 7 (CanLII), 1 SCR 235) Presumably that precedent might also be used to dismiss complaints from non-Christians who object to the word “Christmas” on a government document or a Christian symbol on government property. Recently, the same Supreme Court found that Roman Catholic parents in Quebec who objected to the indoctrination of their children in a mandatory “Ethics and Religious Culture” program did not have their freedom of religion violated by the state. (4th) 333 (ON CAĭon’t expect all ‘freedom from indoctrination’ cases to succeed. On the other hand, if the Sunday closing law can be seen as merely a ‘common pause day’ unhinged from forced religious observance, it can survive. If a law is fundamentally based on religious values, it violates the Charter and will be struck out. In the Big M Drug Mart case ( 1985 CanLII 69 (SCC), 1 SCR 295), the Supreme Court of Canada struck out the Lord’s Day Act because it essentially forced non-Christians to observe a Christian Sabbath. ![]() For many decades, the government’s Lord’s Day Act forced stores to close for Sunday Sabbath observance. The courts interpret “freedom of religion” to also encompass freedom from religion. It imposes no obligations on private parties to respect religious beliefs of others. The important thing to remember about the Charter “freedom of religion” is that it only restricts governments, which is essentially their legislation. While our Constitution affirms that God is supreme in our land, and that the Queen, the head of the Church of England, is our head of state, section 2 of the Charter guarantees one’s individual “freedom of religion” against government action. The courts interpret “freedom of religion” to also encompass freedom from religion. However, we do have a constitutional “freedom of religion” and a legislative right to equal treatment on the basis of “religious beliefs.” Constitution: Freedom of Religion Ĭanada does not have an equivalent constitutional separation mandate. The “separation of church and state” phrase is nowhere in the Constitution – it comes from an 1802 letter by Thomas Jefferson. “establishment clause” that states “Congress shall make no law respecting an establishment of religion.” The original concept, far from suppressing religion, was intended to protect the colonies from federal government interference with their religious practices and protect Christian denominations from the creation of a government denomination. Most Canadians incorrectly assume, perhaps from a steady consumption of American pop culture, that Canada has clear constitutional enshrinement of the separation of religion and government, similar to the U.S. No Clear Separation of Church and State in Canada This article deals with the law of Christmas, the celebration of this Christian event and the public displays of words or symbols that accompany it. ![]()
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