View cases - Stewart McKelvey

- 4 -demolition. The application was granted by the Superior Court and this decision wasaffirmed by the Court of Appeal.should be allowed.Held (Bastarache, Binnie, LeBel and Deschamps JJ. dissenting): The appealPer McLachlin C.J. and Iacobucci, Major, Arbour and Fish JJ.: Defined2004 SCC 47 (CanLII)broadly, religion typically involves a particular and comprehensive system of faith andworship. In essence, religion is about freely and deeply held personal convictions orbeliefs connected to an individual’s spiritual faith and integrally linked to his or herself-definition and spiritual fulfilment, the practices of which allow individuals to fostera connection with the divine or with the subject or object of that spiritual faith.Freedom of religion under the Quebec Charter of Human Rights andFreedoms (and the Canadian Charter of Rights and Freedoms) consists of the freedomto undertake practices and harbour beliefs, having a nexus with religion, in which anindividual demonstrates he or she sincerely believes or is sincerely undertaking in orderto connect with the divine or as a function of his or her spiritual faith, irrespective ofwhether a particular practice or belief is required by official religious dogma or is inconformity with the position of religious officials. This understanding is consistent witha personal or subjective understanding of freedom of religion. As such, a claimant neednot show some sort of objective religious obligation, requirement or precept to invokefreedom of religion. It is the religious or spiritual essence of an action, not anymandatory or perceived-as-mandatory nature of its observance, that attracts protection.The State is in no position to be, nor should it become, the arbiter of religious dogma.Although a court is not qualified to judicially interpret and determine the content of a