King V Blessed Virgin Mary School Summary

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King v. The Blessed Virgin Mary School
Majority decision

The Canadian Charter of Rights and Freedoms protects all Canadians likewise of their gender, religious, spiritual and cultural views. Section 2 a guarantees the “freedom of conscience and religion”. This right allows individuals to practice follow there religious views and to practice them within the confounds of our society. If a section 2 A violation occurs that individual or group has the right to appeal the decision at various levels of the court system within Canada. There are tests such as the Amselem test to determine if the section 2 A is a reasonable infringement that had minimal impairment. Further a section a violation would have to pass tests outlined and created by the …show more content…

When we look at the reasonable person standard within Canadian Law it is classified as something that an “ordinary, cautious and prudent person” would consider reasonable in the situation. The Blessed Virgin Mary School attempted to reason with King and told him that he didn’t have to change his religious beliefs but he could not wear the his Sikh articles of faith while teaching the Blessed Virgin Mary School. What King did at home in his own time was never brought up in this case and it should not be. The Supreme Court of Canada has concluded that the “accommodation” offered to King was not reasonable. This accommodation is a biased viewpoint that favours the Christian faith. The Blessed Virgin Mary School has not done there due diligence and as a result there accommodation is not reasonable according to the Supreme Court of Canada. King is a Social studies teacher and at no time did he make any verbal or written admissions indicating that he was going to impose his Sikhism viewpoint upon the students or other staff present at Blessed Virgin Mary …show more content…

King can demonstrate to the Supreme Court of Canada that he has a “sincere” belief towards the religion of Sikhism. King has covered his uncut hair with a turban, he is wearing a Kanga (hair comb) around his neck, he wears a Kara (steel bracelet) and he is wearing a Kirpan (ceremonial dagger). All of these changes in Kings life is proof of a “genuine nexus”. Also, King has produced a sworn affidavit from elders from the Sikh community. Religion is “a particular and comprehensive system of faith and worship and or a belief in a divine power, deeply held convictions about faith” CITE). According to the religion of Sikhism a Sikh who has included the the K’s in his lifestyle has committed to the teachings of Sikhism and its Gurus (BBC Sikh website cite). As the Supreme Court of Canada we are satisfied that King has demonstrated a “sincere belief” towards the religion and teachings of

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