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Constitutional Faith: Charter Rights & Religion in Canada
with Professor Benjamin L. Berger
Over four lectures, this course will examine the way in which religion is dealt with in the Canadian constitutional system.
After providing an introduction to the historical foundations of Canadian constitutional law and religion, the course will expose participants to basic principles of Canadian Charter law as a foundation for an examination of the legal and social issues that have arisen from the Charter protections of freedom of religion (s. 2(a) of the Charter) and equality (s. 15(1) of the Charter).
Lectures will touch on questions such as the nature of “secularism” in Canadian constitutional law, the conceptual basis for the protection of religion, the way that religion is defined and analyzed under the Charter, and the limitation of rights based on public interests and competing rights and freedoms.
Sunday March 3: An Introduction to the Constitution and the Historical Place of Religion
Case Study – Adler v Ontario (1996)
Sunday March 10: Religion and the Charter – Basic Principles and Key Issues
Case Study – Alberta v Hutterian Brethren of Wilson Colony (2009)
Sunday March 17: Toleration and Accommodation under the Charter
Case Study – R v NS (2012)
Sunday March 24: Legal Pluralism
Case Study – Bruker v Markovitz (2007)
Time: 3-5 pm
Location: Upstairs Classroom, Noor Cultural Centre
Benjamin L. Berger (LLB,LLM,JSD) is an Associate Professor at York University’s Osgoode Hall Law School. His teaching and research specialize in the areas of criminal and constitutional law and theory, law and religion, and the law of evidence.
firstname.lastname@example.org or (416) 444-7148 ext. 222
Course Cancellation Policy.
This course is jointly offered by Noor Cultural Centre, Temple Emanu-El, and Emmanuel College’s Muslim Studies Program. This course counts toward meeting the requirements associated with the Canadian Certificate of Muslim Studies at Emmanuel College