Journal Article

Mouvement laïque québécois v Saguenay (City)

Barry W. Bussey

in Oxford Journal of Law and Religion

Volume 4, issue 3, pages 536-537
Published in print October 2015 | ISSN: 2047-0770
Published online August 2015 | e-ISSN: 2047-0789 | DOI:
Mouvement laïque québécois v Saguenay (City)

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Constitutional law – Freedom of conscience and religion – Interference with – City and mayor reciting prayers at public municipal meetings, making sign of the cross – Religious symbols prominent in meeting rooms – Atheist attending meetings and requesting that prayers cease and symbols be removed – Mayor refusing request – Mouvement laïque québécois (MLQ) taking complaint to Human Rights Commission – Commission refusing investigation of symbols but finding prayer discriminatory and sufficient evidence existing to submit to Human Rights Tribunal – City adopting by-law to regulate prayers but mayor and councillors continuing as before – Tribunal granting application and finding prayer showing preference for one religion at expense of others and breaching state’s duty of neutrality – Court of Appeal finding no discrimination on ground of freedom of conscience and religion – Whether statutory right to appeal Human Rights Tribunal decision was by way of appeal or judicial review – Standards applicable on judicial review – Whether (1) recitation of prayer at start of each council meeting and (2) by-law regulating recitation violating religious neutrality of state and interfering with freedom of conscience and religion – Quebec Charter of Human Rights and Freedoms, CQLR, ch C-12, ss 3, 10; Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, ch 11, preamble, ss 1, 2, 27; Règlement VS-R-2008-40, City of Saguenay, November 3, 2008

Journal Article.  442 words. 

Subjects: Religion ; Law ; Human Rights ; Law and Society

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