B'nai Brith Canada wins in landmark supreme court case
noman at mail.netoriginals.com
Thu Jul 1 12:52:02 PDT 2004
Was the condiminium corporation at issue here a public housing facility, or does the Charter of Rights apply to private actors as well?
---------- Original Message ----------------------------------
From: Douglas Laycock <DLaycock at mail.law.utexas.edu>
Reply-To: Law & Religion issues for Law Academics <religionlaw at lists.ucla.edu>
Date: Thu, 01 Jul 2004 14:45:26 -0500
> This is not my prose, but someone else's press release -- B'nai
>Brith Canada's I think. I doubt we could get the same result in many U.S.
>>B'nai Brith Canada wins in landmark supreme court case
>>on religious freedoms
>>FOR IMMEDIATE RELEASE
>>June 30, 2004.
>>MONTREAL - In a landmark ruling, the Supreme Court of Canada has upheld
>>the rights of all Canadians to follow their religious practices without
>>interference by the courts.
>>In what is widely seen as an illustration of this point, the Supreme
>>Court of Canada has ruled that Jewish condominium owners in a Montreal
>>building have the right to set up their own personal Succahs, temporary
>>religious huts that are constructed in celebration of the Jewish holiday
>>of Succot. B'nai Brith Canada's League for Human Rights had intervened
>>in the matter following the initial refusal of the condominium
>>corporation to allow observant Jewish residents to construct individual
>>huts on their own balconies.
>>Allan Adel, National Chair of B'nai Brith's League for Human Rights,
>>reacting to the news, stated: "We are satisfied with the decision of the
>>Supreme Court, which has applied a broad interpretation to the Charter
>>guarantee of freedom of religion and believe it to be in the best
>>interests of all Canadians. The Succah ruling is an important,
>>groundbreaking case that champions the cause of religious freedom in
>>Canada and will have important ramifications well beyond the immediate
>>facts of the case."
>>Montreal lawyer Steven Slimovitch along with B'nai Brith's Senior Legal
>>Counsel David Matas, represented the League before the Court.
>>Slimovitch, acknowledging that he was pleased with the verdict stated:
>>"This decision sets an important precedent for the exercise of sincerely
>>held religious beliefs. The High Court has upheld B'nai Brith's argument
>>that State should not be the final arbiter of religious dogma. Rather,
>>this must be a private matter set by each individual."
>>Established in 1875, B'nai Brith is the Canadian Jewish community's
>>leading human rights agency.
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