View cases - Stewart McKelvey

- 71 -1. Every human being has a right to life, and to personal security,inviolability and freedom.He also possesses juridical personality.3. Every person is the possessor of the fundamental freedoms, includingfreedom of conscience, freedom of religion, freedom of opinion, freedom ofexpression, freedom of peaceful assembly and freedom of association.6. Every person has a right to the peaceful enjoyment and free dispositionof his property, except to the extent provided by law.9.1. In exercising his fundamental freedoms and rights, a person shallmaintain a proper regard for democratic values, public order and the generalwell-being of the citizens of Québec.2004 SCC 47 (CanLII)In this respect, the scope of the freedoms and rights, and limits to theirexercise, may be fixed by law.IV. AnalysisA. The Scope of Freedom of Conscience and Religion132 Freedom of conscience and religion is guaranteed by s. 3 of the QuebecCharter and s. 2(a) of the Canadian Charter. Although most, if not all, of this Court’sdecisions relating to freedom of religion have interpreted s. 2(a) of the CanadianCharter, it is appropriate to refer to them in interpreting s. 3 of the Quebec Charter,given the similarity in the wording of the two provisions.133 In R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295, this Court had occasionto interpret s. 2(a) of the Canadian Charter for the first time. Dickson J. (as he then was)made a number of comments that now form the basis of our interpretation of freedom ofreligion (at pp. 336-37):