Professor Dwight Newman, QC, Canada Research Chair in Indigenous Rights in Constitutional and International Law (University of Saskatchewan) offers his insights in a fascinating conversation on rights and freedoms in Canada. He reminds us that we need to find ways to live with our neighbours even when we disagree. This is why Section 1 of the Charter is so important: it both guarantees and limits rights in order to allow space for everyone to live together.
Dr. Newman explains the four questions of the Oakes Test and how these steps have been applied in different legal cases. He and Barry then turn to current issues of religious freedom as illustrated by Quebec’s Bill 21 and the pandemic.
Read Dr. Newman’s report, “Reasonable Limits: How Far Does Religious Freedom Go in Canada?” published by Cardus.
3:28 – Reasonable limits and Section 1 of the Charter
4:45 – The Oakes Test and the importance of limits
15:07 – Administrative Law and the Doré/Loyola Test
20:24 – Syndicat Northcrest v. Amselem
25:12 – Benner v. Canada (citizenship case)
27:47 – Multani v. Commission scolaire Marguerite‑Bourgeoys
31:40 – Alberta v. Hutterian Brethren of Wilson Colony
33:56 – Emergencies Act
36:36 – Canada Summer Jobs Program
51:12 – Quebec’s Secularism Bill 21
56:25 – Religious Freedom in the pandemic
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Please note the views expressed by the individual(s) in this video are their own, and do not necessarily reflect the views or principles of the First Freedoms Foundation.