Charter of Rights and Freedoms

Powerful Essays
(1) The Charter protects a range of rights and freedoms, but these rights often conflict. In some instances, courts are called upon to weigh competing rights. In your opinion, is freedom of religion or freedom of expression more important? Why? Use case law examples to support and defend your argument.

The Charter of rights and freedoms focuses on many fundamental rights of individual, but often these rights conflict with one another. When such an issue arises there is a judicial review that the courts establish in understanding which right is more important on the basis of the case. In this paper two fundamental rights will be focused on that are freedom of religion and freedom of expression. These two rights often conflict with one another where freedom of expression is more important than freedom of religion. It is important to know if there was no freedom of expression there will not be freedom of religion. In order for one to practice his or her religion they must be able to express their religion, for this reason there is a need for freedom of expression. Firstly, freedom of religion in section 2(a) of the charter, states that freedom of conscious and religion is part of person’s autonomy where it is there to develop individuals self. This section also states that there is no absolute protection on all actions based on religion. Secondly, freedom of expression in section 2(b) of the charter, states that freedom of expression recognizes that individuals in democratic society have free expression to participate in their social and political community. Where having freedom of speech is there to protect the individual’s autonomy and “right to think and reflect on circumstances and conditions.” (Sharpe & Roach, 2013, p. 156)....

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...y because he needed to get a right from Chief of police. For this reason, it was considered that civil rights are part of provincial jurisdiction and religious matter is federal. The expressing of religious belief did no harm to society where freedom of religion allows individual to express their belief so the Saumur case won and this law did not stand. Therefore, freedom of expression is more important because it protect freedom of religion if there was no freedom of expression one will not be able to express their freedom of religion. Free expression lets individuals speak freely of their religion.

Works Cited

Russell, P. H., Knopff, R., Bateman, T. M., & Hiebert, J. L. (2008). The Court and the Consitutions Leading Cases. Toronto: Emond Montgomery Publication Limited.
Sharpe, R. J., & Roach, K. (2013). The Charter of Rights and Freedoms. Toronto: Irwin Law.
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