B'nai Brith Canada wins in landmark supreme court caseonreligious freedoms

marc stern mstern at ajcongress.org
Thu Jul 1 13:11:19 PDT 2004


THE OPINION IS AT 
WWW.LEXUM.UMONTREAL.CA/CSC-SCC/EN/REC/HTML/2004SCC047.WPD.HTM
Marc STERN

-----Original Message-----
From: religionlaw-bounces at lists.ucla.edu
[mailto:religionlaw-bounces at lists.ucla.edu] On Behalf Of Nathan Oman
Sent: Thursday, July 01, 2004 2:52 PM
To: Religionlaw at lists.ucla.edu; Law & Religion issues for Law Academics
Subject: Re: B'nai Brith Canada wins in landmark supreme court
caseonreligious freedoms

Doug,

Was the condiminium corporation at issue here a public housing facility, or
does the Charter of Rights apply to private actors as well?

Nate Oman

---------- 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. 
>jurisdictions.
>
>>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.
>>
>
>
>
>Douglas Laycock
>University of Texas Law School
>727 E. Dean Keeton St.
>Austin, TX  78705
>         512-232-1341 (voice)
>         512-471-6988 (fax)
>         dlaycock at mail.law.utexas.edu
>
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--
Nathan Oman

http://www.tutissima.com
http://www.timesandseasons.org
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